Lawyering In The International Market

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Lawyering in the International Market

Author : Campbell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004638822
Total Pages : 437 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Lawyering in the International Market by : Campbell

Download or read book Lawyering in the International Market written by Campbell and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential resource for corporate counsel, this accessible text provides detailed practical guidance on international sales agreements, crossborder agency and distribution agreements, franchising, licensing and intellectual property issues, transborder joint ventures, mergers and acquisitions, tax aspects of international transactions, and crossborder dispute resolution. Published under the Transnational Publishers imprint.

Lawyering in the International Market

Author : Dennis Campbell
Publisher : Brill Nijhoff
ISBN 13 : 9781571051042
Total Pages : 0 pages
Book Rating : 4.0/5 (51 download)

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Book Synopsis Lawyering in the International Market by : Dennis Campbell

Download or read book Lawyering in the International Market written by Dennis Campbell and published by Brill Nijhoff. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential resource for corporate counsel, this accessible text provides detailed practical guidance on international sales agreements, crossborder agency and distribution agreements, franchising, licensing and intellectual property issues, transborder joint ventures, mergers and acquisitions, tax aspects of international transactions, and crossborder dispute resolution. Published under the Transnational Publishers imprint.

International Trade Law

Author : Joost H.B. Pauwelyn
Publisher : Aspen Publishing
ISBN 13 : 1454877472
Total Pages : 948 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis International Trade Law by : Joost H.B. Pauwelyn

Download or read book International Trade Law written by Joost H.B. Pauwelyn and published by Aspen Publishing. This book was released on 2016-05-22 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of leading scholar/practitioners including a former Appellate Body member, PhD economist and former WTO Secretariat Lawyer, International Trade Law covers all aspects of WTO law. Appropriate for a two- to three-hour international trade course, the third edition covers trade in goods, services, and intellectual property, in 22 succinct chapters of around 30 pages, carefully excerpting leading cases, providing basic introductions, probing questions and real life problems. This book balances positive and normative perspectives, mixing legal texts and panel/Appellate Body decisions with analysis of economic and policy challenges faced by the international trading system. The Third Edition has been updated to include recent political and economic events, issues and policy debates, and supplements new developments in case law with additional questions and a revised Teacher’s Manual. Hallmark features of International Trade Law: • Prepared by three leading WTO scholars – providing a balanced international and methodological perspective • Up-to-date, discriminating case selection presents both classic cases and recent doctrine • Contextualizes international trade issues with insights into key economic factors at work • Key WTO cases are edited and presented to illustrate and teach central concepts and doctrine • Illuminating introductory and explanatory material throughout • Helpful summaries of key teaching points are included in each chapter • Well-crafted questions stimulate class discussion on policy issues • Manageable length for two- and three-credit courses • Adaptable to graduate-level courses in international trade • Comprehensive Teachers Manual with answers to questions as well as teaching suggestions, tips, and supplementary material appropriate for class discussion • Complemented by a thorough and up-to-date documents supplement The Third Edition has been revised to include: • Third author added: Jennifer Hillman, former member of the WTO Appellate Body and the US International Trade Commission, now Professor at Georgetown Law • Major revision of trade remedy chapters (dumping, subsidies, safeguards) with new hands-on practical problems • Completely revised chapter on technical barriers to trade (TBT) taking account of new jurisprudence post-2012 (US – Clove Cigarettes, US - Tuna II, US – COOL, EC – Seal) • New text on post-2008 trade collapse, global value chains • Updated statistics on WTO dispute settlement, free trade agreements, developing countries • Discussion of 2015 US Trade Promotion Authority, mega-regionals including TPP and TTIP, 2014 Trade Facilitation Agreement • Includes summaries of new, major cases such as Canada – Feed-in Tariff, EC – Seal, Peru – Agricultural Products, China – Rare Earths

Legal Problems in International Trade and Investment

Author : Crawford Shaw
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Problems in International Trade and Investment by : Crawford Shaw

Download or read book Legal Problems in International Trade and Investment written by Crawford Shaw and published by . This book was released on 1962 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Public International Law of Trade in Legal Services

Author : David Collins
Publisher :
ISBN 13 : 9781108437639
Total Pages : pages
Book Rating : 4.4/5 (376 download)

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Book Synopsis The Public International Law of Trade in Legal Services by : David Collins

Download or read book The Public International Law of Trade in Legal Services written by David Collins and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.

The International Lawyer's Deskbook

Author : Lucinda A. Low
Publisher : Section of International Law
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The International Lawyer's Deskbook by : Lucinda A. Low

Download or read book The International Lawyer's Deskbook written by Lucinda A. Low and published by Section of International Law. This book was released on 1996 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collateral Knowledge

Author : Annelise Riles
Publisher : University of Chicago Press
ISBN 13 : 0226719332
Total Pages : 310 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Collateral Knowledge by : Annelise Riles

Download or read book Collateral Knowledge written by Annelise Riles and published by University of Chicago Press. This book was released on 2011-05 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Liberalization of Trade in Legal Services

Author : Gilles Muller
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041148795
Total Pages : 505 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Liberalization of Trade in Legal Services by : Gilles Muller

Download or read book Liberalization of Trade in Legal Services written by Gilles Muller and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.

The Future of Work

Author : Adalberto Perulli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528613
Total Pages : 500 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Future of Work by : Adalberto Perulli

Download or read book The Future of Work written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
ISBN 13 : 0691196508
Total Pages : 200 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis How to Do Things with International Law by : Ian Hurd

Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Semiotics of International Law

Author : Evandro Menezes de Carvalho
Publisher : Springer Science & Business Media
ISBN 13 : 9048190118
Total Pages : 242 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Semiotics of International Law by : Evandro Menezes de Carvalho

Download or read book Semiotics of International Law written by Evandro Menezes de Carvalho and published by Springer Science & Business Media. This book was released on 2010-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Law of International Business in Australasia

Author : Robin Burnett
Publisher : Federation Press
ISBN 13 : 9781862877245
Total Pages : 576 pages
Book Rating : 4.8/5 (772 download)

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Book Synopsis Law of International Business in Australasia by : Robin Burnett

Download or read book Law of International Business in Australasia written by Robin Burnett and published by Federation Press. This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used;the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea;recent developments in the law relating to international sale of goods;the question of international arbitration and other means of dispute resolution; andthe strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.

International Business Law and the Legal Environment

Author : Larry A. DiMatteo
Publisher : Routledge
ISBN 13 : 1317530969
Total Pages : 1162 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis International Business Law and the Legal Environment by : Larry A. DiMatteo

Download or read book International Business Law and the Legal Environment written by Larry A. DiMatteo and published by Routledge. This book was released on 2016-11-25 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.

International Market Change and the Law

Author : Jukka Mähönen
Publisher :
ISBN 13 : 9789512908172
Total Pages : 235 pages
Book Rating : 4.9/5 (81 download)

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Book Synopsis International Market Change and the Law by : Jukka Mähönen

Download or read book International Market Change and the Law written by Jukka Mähönen and published by . This book was released on 1996 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Green Marketing

Author : Global Advertising Lawyers Alliance
Publisher : CreateSpace
ISBN 13 : 9781502821577
Total Pages : 292 pages
Book Rating : 4.8/5 (215 download)

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Book Synopsis Green Marketing by : Global Advertising Lawyers Alliance

Download or read book Green Marketing written by Global Advertising Lawyers Alliance and published by CreateSpace. This book was released on 2014-11-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A global legal compendium of the laws related to green marketing in 40+ countries around the globe. Written members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world.