The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes PDF Download
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Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 313
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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.
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 313
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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.
Author: George Mygatt Fisk
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 370
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Book Description
Author:
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 20
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Book Description
Author: Pamela J. Smith
Publisher: John Wiley & Sons
ISBN: 1118357701
Category : Political Science
Languages : en
Pages : 297
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Book Description
Using a unique, question-based format, Global Trade Policy offers accessible coverage of the key questions in trade and policy; it charts the changing policy landscape and evolving institutional arrangements for trade policies, examines trade theory, and provides students with an economic framework to better understand the current issues in national and international trade policy. Uses a unique, question-based format to explore the questions and current debates in international trade policy and their implications Explores trade theory to help guide discussions of trade policy, including traditional theories of inter-industry trade, as well as newer theories of intra-industry and intra-firm trade Examines the national and international effects of widely used policies designed to directly and indirectly affect trade, and considers the evolving institutional arrangements for these Charts the changing policy landscape from traditional trade policies – such as tariffs, quantitative restrictions, and export subsidies – to those including intellectual property rights, labor, the environment, and growth and development policies Covers national as well as global perspectives and their interaction, helping to explain opposing views on trade policy and liberalization Includes applied exercises enabling students to explore open-ended and realistic questions of policy debate, making it ideal for classroom use; an instructor’s manual and a range of other resources are available at www.wiley.com/go/globaltradepolicy
Author: Douglas A. Irwin
Publisher: University of Chicago Press
ISBN: 022639901X
Category : Political Science
Languages : en
Pages : 873
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Book Description
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
Author: Dominick Salvatore
Publisher: Greenwood
ISBN:
Category : Business & Economics
Languages : en
Pages : 600
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Book Description
International trade is now almost universally regarded as an important stimulus to growth and economic development, but while many aspects of international trade are regulated by international agreement, most nations retain some important specific trade policies for manufactured goods. In this work, the second volume of Greenwood's Handbook of Comparative Economic Policies, Dominick Salvatore presents an overview of national trade policies in the world's most important countries. As the only detailed comparative study of international trade policies, this volume will be an increasingly useful reference tool as international trade becomes more and more important in the years to come. The work brings together contributions on twenty-two different countries plus four chapters on overall trade policies and helps to shed light not only on each nation's specific trade policies but also on the effect of various policies on the growth of developed countries, the rate of economic development, and the progress of restructuring in the former centrally planned economies. The book is divided into six basic sections: the first provides an introduction to international trade policies and tariff and trade agreements, while the remaining five sections detail leading industrial countries, other industrial countries, Latin American nations, the countries of Asia and Africa, and the USSR, Poland, and China. Each chapter within these sections offers an easily accessible overview of trade policies as well as a list of references that identify the most important sources of additional information. This handbook will be an effective resource and reference tool for students of comparative economics and for economists and international policymakers.
Author: George Mygatt Fisk
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 322
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Book Description
Author: International Chamber of Commerce. United States Council. Committee on Commercial Policy
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 24
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Book Description
Author: George Mygatt Fisk
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 344
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Book Description
Author: George Mygatt Fisk
Publisher:
ISBN: 9781330840252
Category : Political Science
Languages : en
Pages : 314
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Book Description
Excerpt from International Commercial Policies With Special Reference to the United States: A d104 Book An effort has been made in the present volume to bring together in a form available for students of economics as, well as for general readers, a systematic treatment of the politics of international commerce. Such an effort is beset with many difficulties. In the first place no method of treatment is entirely free from all objections. Again while there is an abundance of literature on some of the topics considered in the following pages, the literature is very meagre as regards other topics. As to general works no English books cover the entire field of international commercial politics although some German writers - notably Roscher, Cohn, Lexis, van der Borght and Grunzel - have treated the subject in a scholarly way. The author wishes to make special acknowledgments to the last named author for frequent use which he has made of his excellent work, System der Handels-politik. For services rendered he wishes also to express his appreciation to the officers and attendants of the libraries of Congress, University of Illinois, University of Wisconsin and Wisconsin Historical Society and to his colleagues, professors N. A. Weston, M. H. Robinson and J. W. Garner. Professors Weston and Robinson read the manuscript and their criticisms were invaluable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
