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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.
Toward a Principled Treatment of Double Compensation
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?
Toward a Principled Treatment of Double Compensation
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?
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.
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.
Exploring Sustainability Risk Management in the EU Banking Industry
Author:
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
Author:
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.
Author:
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.
Author:
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
Author:
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
Author:
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
Author:
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
Author:
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
Author:
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
Author:
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.
Author:
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.
Author:
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.
Author:
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.
Author:
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.