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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the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
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.
Alternative Dispute Resolution in Investor-State Dispute Settlement
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation.

In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
Situated between Europe and the borders of China, the Eurasian region is seldom studied from an overall legal perspective. The book gives a first-time structured overview of trade-related aspects of international economic law, comparative commercial law, and dispute resolution in this region, focused on the countries in the Southern Caucasus, Central Asia, as well as Russia. It also addresses the Eurasian Economic Union. Law of International Trade in the Region of the Caucasus, Central Asia and Russia approaches international trade law with a combined public international law and comparative private law perspective, taking into account the global and European context.
In FX Law and Regulations in Korea: Problems and Prospects, Min-woo Kang offers a comprehensive and thorough discussion of the FX regulatory system in Korea, with a special focus on its chronic problems and possible remedies under the overhauled legal system. The author has provided technical analysis on each provision of the complex Korean law, which is commonly accepted as too convoluted, even for legal professionals. Fully utilising a host of legal materials as well as documents in the relevant economic theory, Min-woo Kang convincingly provides the rationale for FX regulation and a robust argument for amending the current Korean law in a significant way. This piece sheds a light on the path Korean lawmakers and regulatory authorities will take. Academics and practitioners interested in the Korean FX law will find this a good reference.
Are states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? In this book Ruben Zandvliet examines the ways in which international trade and investment law enables and constrains the ability of states to regulate labour. In addition to analysing the interactions between the relevant norms, it explains how linkages between international economic law and labour navigate between two notions: fair competition and fundamental rights. This study is agnostic about which of these objectives ought to shape international law, thus allowing a critical examination of the relevant rules of public international law, as well as legal and economic scholarship.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.

In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.
Transnational law currently appears fragmented and captured by self-interested corporate actors. Good faith is at the heart of this fragmentation. To defend transnational law thus requires an account of good faith. Good Faith in Transnational Law explains and recasts fragmentation and capture as something valuable, and casts good faith as an obligation of other-regarding communicative conduct. Frédéric Gilles Sourgens argues that the fragmentation we experience is a virtue: for communication across vastly different commercial, economic, social, cultural and linguistic contexts to remain legally meaningful, we must translate our different expectations into a shared, context-bound idiom. He argues that law harnesses stress of such translations through stress fields that reintegrate the different experiences in a shared transnational discourse.
Multilateral investment treaties (MITs) are international legal instruments whose purpose is to facilitate social and economic cooperation on a global scale. While there is abundant literature and precedent on MITs generally, authors Kabir Duggal and Mohamed Wahab provide some of the first analysis focusing on the execution of MITs in the Arab and Muslim-majority worlds in this volume of Brill Research Perspectives in Investment Arbitration.

This book focuses on two MITs: the Unified Agreement for the Investment of Arab Capital in the Arab States (UAA) and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States (OIC).

The UAA and OIC are among the oldest MITs in the world, enacted in 1980 and 1988, respectively. But only recently have these two long-dormant treaties acquired special significance. This book provides a comprehensive, critical review of these two treaties.
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 25 covers 2020 and features a special focus on international dispute settlement.