Browse results

You are looking at 1 - 10 of 196 items for :

  • International Commercial, Trade & Investment Law x
  • Upcoming Publications x
  • Upcoming Publications x
  • Just Published x
  • Nach Ebene eingrenzen: Titles x
Clear All
Illicit Financial Flows from Commodity Trade
Illicit financial flows (IFFs) associated with commodity trade erode the tax base of resource-rich developing countries. Efforts to curb IFFs and reform taxation stumble over enhanced North–South tensions but remain crucial to helping poorer countries mobilise domestic resources for development. The 17th volume of International Development Policy examines this key part of the wider agenda to restore trust in the multilateral system, calling for a more transparent, effective and equitable trade and tax framework. Based on a six-year multidisciplinary research project encompassing academic institutions in commodity exporting and trading countries, its 24 authors offer a mix of theoretical and empirical contributions and discuss findings of macro- and micro-level studies. The book sheds new light on issues such as addressing push and pull factors through domestic and international policy measures, the preferences of key stakeholders for short-term fixes versus long-term policy reforms, and prescriptive approaches and other options to address tax base erosion in resource-rich developing countries.
Holding Foreign Investors Accountable for Violations of International Law
Author:
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
Essays In Honour of Piero Bernardini
Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards.

The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.
Author:
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
Author:
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
Non-pecuniary private benefits, a phenomenon in publicly traded corporations, may be extracted by influencing shareholders to the detriment of minority shareholders and corporations. This book, with particular focus on Turkish law and American law, investigates the loopholes paving the way of non-pecuniary private benefit extractions in the context of corporate law. Pehlivanoğlu proposes to use shareholder oppression law’s reasonable expectations standard to expand the reach of involuntary dissolution statutes to cover non-pecuniary private benefit extractions of influencing shareholders.
Author:
This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including:
  • What requirements must be met for the problem to arise?
  • What have others said and done about the problem?
  • What is the most effective way to tackle it?
The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.
A Legal, Historical, and Political Analysis (2nd Edition)
Fast Track is the story of the rise and fall of U.S. leadership in international trade. Fast Track authority is the process Congress devised to approve trade agreements, giving Congress input into negotiations in exchange for a timely up-or-down vote. Foes derided it as a procedural gimmick, but it helped forge a bipartisan consensus on trade policy. Despite its successes, it was also fragile. The bipartisan consensus has since frayed and Fast Track has lapsed, allowing other countries to fill the void. This book discusses how Fast Track worked and offers a path for rebuilding consensus in favor of its renewal.
With temperature exhibiting a growing trend and posing threats to future generations, the Paris Agreement set a cap level of no more than 2°C for the temperature increase, emphasizing the need for cross-national participation to combat climate change. At the European level, the European Commission pledged to make Europe achieve carbon neutrality by mid-century. However, to deliver on its commitment, extensive financial support and engagement from both private and public-sector players were acknowledged as requisites. Therefore, through their funding mechanism, banks assumed a leading role in financing the transition to a green economy. However, a new challenge of systemic nature – i.e. ESG risks – emerged, gaining regulatory attention and subsequently triggering numerous regulatory reforms. Therefore, this study explores the current European regulatory environment addressing sustainability, aiming to identify whether such regulatory frameworks can be considered a strategic opportunity, or contrastingly, a strategic burden for credit institutions.