List price
USD $84.00
Browse results
The Nijhoff International Trade Law Series is a forum for important and original research. It covers international trade law in its widest sense, including International Economic Law and International Financial Law.
The series moves across the boundaries that divide the law. The series includes studies of trade law subjects that would fall within the disciplines and sub-disciplines of public and private international and comparative law. National implementation and other aspects of the interaction between national and international law is a growing field of scholarship, and national constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention. The relationship between different treaty regimes and the emergence of international rule of law concepts are also subjected to more rigorous analysis. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Different international and national systems interact in ever more complicated ways. Private international law is often affected by international conventions, and the issues faced by classical conflict rules are dealt with by substantive harmonization of law. International arbitrations involve public and private international law, and investment protection and human rights and democratic standards.
Books published in the series have been through a rigorous peer review, where the editors are assisted by leading trade law scholars. In addition to scholarly monographs, the series will publish edited collections of essays.
The series moves across the boundaries that divide the law. The series includes studies of trade law subjects that would fall within the disciplines and sub-disciplines of public and private international and comparative law. National implementation and other aspects of the interaction between national and international law is a growing field of scholarship, and national constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention. The relationship between different treaty regimes and the emergence of international rule of law concepts are also subjected to more rigorous analysis. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Different international and national systems interact in ever more complicated ways. Private international law is often affected by international conventions, and the issues faced by classical conflict rules are dealt with by substantive harmonization of law. International arbitrations involve public and private international law, and investment protection and human rights and democratic standards.
Books published in the series have been through a rigorous peer review, where the editors are assisted by leading trade law scholars. In addition to scholarly monographs, the series will publish edited collections of essays.
Exploring Sustainability Risk Management in the EU Banking Industry
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.
Exploring Sustainability Risk Management in the EU Banking Industry
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.
Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic ‘courts’ (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.
Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic ‘courts’ (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.
Implications of the Spanish Saga for International Investment Law
Based on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.
Implications of the Spanish Saga for International Investment Law
Based on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.
A Critical Perspective
Daniel Bar Aharon critically explores the European Union’s mounting regularity frameworks pertaining to transparency through mandated disclosure requirements within the purview of traditional investor protection regulation in financial markets.
Traditionally, financial regulatory frameworks maintain a status quo assumption of “rational investors” contained within neoclassical economic theory; however, reoccurring financial incidents have exposed a critical flaw in this understanding, consequently requiring further examination of the interplay between behavioral finance and financial regulation.
Traditionally, financial regulatory frameworks maintain a status quo assumption of “rational investors” contained within neoclassical economic theory; however, reoccurring financial incidents have exposed a critical flaw in this understanding, consequently requiring further examination of the interplay between behavioral finance and financial regulation.
A Critical Perspective
Daniel Bar Aharon critically explores the European Union’s mounting regularity frameworks pertaining to transparency through mandated disclosure requirements within the purview of traditional investor protection regulation in financial markets.
Traditionally, financial regulatory frameworks maintain a status quo assumption of “rational investors” contained within neoclassical economic theory; however, reoccurring financial incidents have exposed a critical flaw in this understanding, consequently requiring further examination of the interplay between behavioral finance and financial regulation.
Traditionally, financial regulatory frameworks maintain a status quo assumption of “rational investors” contained within neoclassical economic theory; however, reoccurring financial incidents have exposed a critical flaw in this understanding, consequently requiring further examination of the interplay between behavioral finance and financial regulation.
From Conflict to Coordination
How can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.
From Conflict to Coordination
How can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Fernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent “in principle” to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle.
Fernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent “in principle” to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle.
Comparative Perspectives and Policy Choices
This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe, at national and EU level. In parallel with offering a comparative survey of the most recent legal developments in Europe, the book sheds light on the significance of financial ombudsman bodies for the efficient resolving of consumer disputes. Further, the book illustrates solutions and policies aimed at ensuring a high level of consumer financial education.
Comparative Perspectives and Policy Choices
This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe, at national and EU level. In parallel with offering a comparative survey of the most recent legal developments in Europe, the book sheds light on the significance of financial ombudsman bodies for the efficient resolving of consumer disputes. Further, the book illustrates solutions and policies aimed at ensuring a high level of consumer financial education.
Toward China’s Development Goals
China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
Toward China’s Development Goals
China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.