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Studies in International Air Law

Collected Work of Cheng Bin

Edited by Chia-Jui Cheng

Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability.

Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.

International Investment Law and Water Resources Management

An Appraisal of Indirect Expropriation

Series:

Ana Maria Daza-Clark

Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.

Investment Protection in Southeast Asia

A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties

Edited by Loretta Malintoppi and Charis Tan

Investment Protection in Southeast Asia: A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a vital reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors.

Regime Accommodation in International Law

Human Rights in International Economic Law and Policy

Heejin Kim

In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.

The Protection against Unfair Competition in the WTO TRIPS Agreement

The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property

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Christian Riffel

In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge.

Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.

King Cotton in International Trade

The Political Economy of Dispute Resolution at the WTO

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Meredith A. Taylor Black

In King Cotton in International Trade Meredith A. Taylor Black provides a comprehensive analysis of the WTO Cotton dispute and its significant jurisprudential and negotiating effect on disciplining and containing the negative effects of highly trade-distorting agricultural subsidies of developed countries. To that end, this work details the historic, economic, and political background leading up to Brazil’s challenge of the US cotton subsidies and the main findings of the five WTO reports that largely upheld that challenge. It explores the impacts of the successful challenge in terms of political and negotiating dynamics involving agriculture subsidies and other trade-related issues in the WTO while examining the effects on domestic agriculture subsidy reforms in the United States and the European Union. Finally, this volume sets forth the possible impacts of the Cotton challenge on the negotiating end-game of the Doha Development Round.

Finance, Rule of Law and Development in Asia

Perspectives from Singapore, Hong Kong and Mainland China

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Edited by Jiaxing Hu, Matthias Vanhullebusch and Andrew Harding

The financial markets of Hong Kong and Singapore are leading examples in Asian financial development and regulation. Shanghai, which is developing its Free Trade Pilot Zone, is equally aiming to incorporate a sophisticated service market in order to upgrade, reform and reinvigorate the current economic model of development in China in the aftermath of the global financial and economic crisis. Streamlining administrative regulation is a precondition for its financial market to find root and play a central role in Asia and beyond. Finance, Rule of Law and Development in Asia offers a contextualized approach to the economic and political realities within Asian financial markets, especially in these three different jurisdictions. The volume adopts a comparative and precise account on the prospects and challenges in further developing these financial centres.

Towards a New CISG

The Prospective Convention on the International Sale of Goods and Services

Leandro Tripodi

In Towards a New CISG, Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade.

In light of the challenges posed by 21st-century commerce, Dr. Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.

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Edited by Qiao Liu and Wenhua Shan

China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.

Series:

Anatole Boute

Electricity supply plays a strategic role for Russia’s economic development and for social peace. As a main consumer of natural gas, electricity is also of central importance for the efficient management of Russia’s energy resource basis. Today, however, the electricity sector is in an obsolete condition. Investments are needed in the modernization of the infrastructure. This book analyzes the liberalization and privatization program that Russia is implementing to attract private investments in this modernization process. Taking a comparative approach, this analysis critically assesses Russian electricity law in the light of the European liberalization experience. Given the strategic importance of electricity, investors face significant risks of government intervention. This book identifies these regulatory risks and examines investment protection mechanisms under Russia’s national and international investment obligations.