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Le droit de l’arbitrage, plus encore que le droit international privé, se prête à une réflexion de philosophie du droit. Les notions, essentiellement philosophiques, de volonté et de liberté sont au coeur de la matière. La liberté des parties de préférer aux juridictions étatiques une forme privée de règlement des différends, de choisir leur juge, de forger la procédure qui leur paraît la plus appropriée, de déterminer les règles de droit applicables au différend, quitte à ce qu’il s’agisse de normes autres que celles d’un système juridique donné, la liberté des arbitres de se prononcer sur leur propre compétence, de fixer le déroulement de la procédure et, dans le silence des parties, de choisir les normes applicables au fond du litige, soulèvent autant de questions de légitimité.
Le présent ouvrage s’attache à identifier les postulats philosophiques qui sous-tendent la matière, à montrer leur profonde cohérence et les conséquences pratiques qui en découlent dans la résolution des grands contentieux du commerce international.
A Primer on Governance, History, and Legitimacy -- Part I
Author: Maziar Peihani
The Basel Committee on Banking Supervision (BCBS) was established in 1974 as an informal group of central bankers and bank supervisors with the mandate to formulate supervisory standards and guidelines. Although the Committee does not have any formal supranational authority, it is the de facto global banking regulator and its recommendations have been widely implemented by member and non-member states. Maziar Peihani investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The project is comprised of two parts. This part overviews the literature on the BCBS, outlines its contribution, and provides a primer on the Committee’s governance and functions. In addition, it engages with the current theories on legitimacy and discusses what legitimacy means for the global governance of banking and how it can be assessed.
Author: Maziar Peihani
Part I of this project overviewed the literature on the Basel Committee of Banking Supervision (BCBS) and provided a primer on the Committee’s governance and functions. It also engaged with the current theories on legitimacy and discussed what legitimacy meant for the global governance of banking and how it could be assessed. This part investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The assessment is conducted based on three principles of reasoned decision making, transparency, and accountability. Maziar Peihani argues that the BCBS has gradually become a more legitimate institution but there still exists significant room for improvement. He highlights a number of areas for reform and sets out policy prescriptions to enhance the BCBS’s legitimacy.
Brill Research Perspectives in International Banking and Securities Law addresses legal and regulatory developments in the area of banking and securities law from both international and interdisciplinary perspectives. It reviews and advances scholarship in this complex area of law and is of interest to academics, practitioners, and policy makers.

Each issue in the journal comprises a single article. The articles published may focus not only on regional developments relating to banking and finance but also on multilateral and international arrangements. Recurrent themes include (but are not limited to) studies and analysis of the international financial architecture as well as aspects of market infrastructure, the protection of consumers in the financial sector, and specifics of banking, securities markets, and mutual fund regulation.

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In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights.

What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?

These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
Created by experts and updated regularly with international trade law practitioners in mind, the Handbook of WTO/GATT Dispute Settlement Online offers instant access to a vast legal research database that includes:

• Updated summaries of 300+ WTO/GATT Panel, Appellate Body, or arbitrator reports.
• Nine comprehensive indexes cross-referencing the reports by key word, article, country, subject, panelist, member, and more.
• Easy citation lists to track adoption status of reports.

Handbook of WTO/GATT Dispute Settlement Online is an essential resource for trade law practitioners that want to navigate and quickly master complex WTO/GATT reports spanning hundreds of pages in length. Created by experts and updated regularly with international trade law practitioners in mind, the Handbook of WTO/GATT Dispute Settlement Online offers instant access to a vast legal research database that includes:

• Updated summaries of 300+ WTO/GATT Panel, Appellate Body, or arbitrator reports.
• Nine comprehensive indexes cross-referencing the reports by key word, article, country, subject, panelist, member, and more.
• Easy citation lists to track adoption status of reports.

Handbook of WTO/GATT Dispute Settlement Online is an essential resource for trade law practitioners that want to navigate and quickly master complex WTO/GATT reports spanning hundreds of pages in length.

September 2019 Update

Cases Tab

List of WTO Citations
List of Adopted Reports

Case Summaries:

271 EU – PET (Pakistan) Panel Report Summary
271A EU – PET (Pakistan) Appellate Body Report Summary
272 Indonesia – Iron or Steel Products Panel Report Summary
272A Indonesia – Iron or Steel Products Appellate Body Summary
273 Brazil – Taxation Panel Report Summary
273A Brazil – Taxation Appellate Body Report Summary
274 Indonesia – Chicken Panel Report Summary

Indexes Tab:

Key Word Index
WTO/GATT Articles Index
Country: Party Index
Country: Subject Index
Panelist Index
Appellate Body Index

Author: Filip Balcerzak
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law.

The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.

The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.


EU and WTO Service Trade Liberalization and Their Impact on Dutch and UK Immigration Rules
Author: Simon J. Tans
This book investigates how liberalization of service provision related to movement of natural persons takes shape within EU and WTO law. It provides an overview and analysis of the implementation of the identified obligations derived from EU law and the GATS in the Dutch legal order and that of the United Kingdom. A thorough investigation of the chosen strategies in each legal order is provided, including a comparison of the differences and similarities between these strategies. The resulting overview leads to insight into the tension that exists between the international obligations related to service mobility of the two investigated states on the one hand, and their migration law and access to the labour market legislation on the other.
Author: Rhonda Ferguson
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Applicability and Applications of the 1980 United Nations Sales Convention
Author: Franco Ferrari
Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions.

A special course adoption price is available for an order of six or more copies from a university bookstore. Contact cs@brillusa.com or sales@brill.com.