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Markets Of Exception
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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.
Book Synopsis Markets of Exception by : Trevor Jackson
Download or read book Markets of Exception written by Trevor Jackson and published by . This book was released on 2005 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent boom in the “history of capitalism” has neglected one of the most noted and maligned features of its subject: the connection between capitalism and inequality. To address this gap, this dissertation develops and employs the concept of “economic impunity.” It argues that impunity is a function of three variables acting with the sphere of the economy, each of which changed over time even as the structure of the economy itself changed. The first variable is prosecutorial discretion, whether contingent and corrupt or institutionalized in the limits of jurisprudence. The second is technical knowledge, as financial instruments became increasingly esoteric and economic theory became increasingly formalized across the eighteenth century. The third is international mobility, of both capital and its owners, since European capital markets integrated sooner and more thoroughly than markets for land, labor, or commodities. To test this approach, this dissertation uses documents from twenty-three archives in four countries to analyze the disparity between the increasing complexity of international financial instruments and the simultaneously limited scope of securities regulation in Britain and France to argue that the Financial Revolution witnessed the first expansion of economic impunity from the sovereign to the technical managers of capital, culminating in the world’s first international financial crisis in 1720. The second chapter shows how eighteenth century economic thought tried to solve the conceptual and political problems this crisis raised. The third chapter uses the financial records of the speculator Étienne Clavière to illustrate the normal workings of eighteenth century finance and how that systems came apart during the French Revolution, turning impunity into a nationalized and politicized attribute. The fourth chapter investigates the revolutionary interregnum through a pair of case studies in Dublin and Strasbourg. The final chapter shows how international private banks like Barings, Rothschilds, and Laffitte reconstituted the European financial system after 1815, culminating with their efforts to contain the first crisis of the nineteenth century gold standard in 1825. This dissertation accomplishes three things: it injects a tractable approach to inequality into the new “history of capitalism” that goes beyond national income accounting or cultural representations by using the concept of impunity to illustrate how institutional exceptions allow for the frequent but disavowed episodes of dispossession that accompanied the rise of modern finance. It illuminates why a constitutive element of the modern, self-authorizing economic sphere is that great moral and material harm can take place within it despite nobody being legally at fault or politically held accountable. Finally, it allows for a method of historicizing financial crises, which otherwise are taken to be eternal, inevitable, and above all, natural. This last moves the recent effort to historicize “the economy” towards an approach that grapples with how economies fail rather than how they grow.
Book Synopsis Efficient Complete Markets are the Rule Rather Than the Exception by : Aloisio Pessoa de Araújo
Download or read book Efficient Complete Markets are the Rule Rather Than the Exception written by Aloisio Pessoa de Araújo and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exception Taken by : Jonathan Buchsbaum
Download or read book Exception Taken written by Jonathan Buchsbaum and published by Columbia University Press. This book was released on 2017-01-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Exception Taken, Jonathan Buchsbaum examines the movements that have emerged in opposition to the homogenizing force of Hollywood in global filmmaking. While European cinema was entering a steady decline in the 1980s, France sought to strengthen support for its film industry under the new Mitterrand government. Over the following decades, the country lobbied partners in the European Economic Community to design strategies to protect the audiovisual industries and to resist cultural free-trade pressures in international trade agreements. These struggles to preserve the autonomy of national artistic prerogatives emboldened many countries to question the benefits of accelerated globalization. Led by the energetic minister of culture Jack Lang, France initiated a series of measures to support all sectors of the film industry. Lang introduced laws mandating that state and private television invest in the film industry, effectively replacing the revenue lost from a shrinking theatrical audience for French films. With the formation of the European Union in 1992, Europe passed a new treaty (Maastricht) that extended its legal purview to culture for the first time, setting up the dramatic confrontation over the General Agreement on Trade and Tariffs (GATT) in 1993. Pushed by France, the EU fought the United States over the idea that countries should preserve their right to regulate cultural activity as they saw fit. France and Canada then initiated a campaign to protect cultural diversity within UNESCO that led to the passage of the Convention on Cultural Diversity in 2005. As France pursued these efforts to protect cultural diversity beyond its borders, it also articulated "a certain idea of cinema" that did not simply defend a narrow vision of national cinema. France promoted both commercial cinema and art cinema, disproving announcements of the death of cinema.
Book Synopsis National Security Exceptions in International Trade and Investment Agreements by : Sebastián Mantilla Blanco
Download or read book National Security Exceptions in International Trade and Investment Agreements written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2020-01-16 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.
Book Synopsis Neoliberalism as Exception by : Aihwa Ong
Download or read book Neoliberalism as Exception written by Aihwa Ong and published by Duke University Press. This book was released on 2006-07-19 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA successor to FLEXIBLE CITIZENSHIP, focusing on the meanings of citizenship to different classes of immigrants and transnational subjects./div
Book Synopsis International Convergence of Capital Measurement and Capital Standards by :
Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Reporter written by and published by . This book was released on 1907 with total page 2136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia.
Book Synopsis From Exception to Promotion by : Elena Cima
Download or read book From Exception to Promotion written by Elena Cima and published by BRILL. This book was released on 2021-10-18 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.
Book Synopsis WTO Security Exceptions in Practice and Scholarship by : Erich Vranes
Download or read book WTO Security Exceptions in Practice and Scholarship written by Erich Vranes and published by Springer Nature. This book was released on 2023-10-12 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the "box of Pandora" of the WTO system, since WTO Member States can invoke them in order to justify trade restrictions violating WTO law which they consider necessary for their essential security interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these security exceptions. In recent years, however, these clauses have been invoked for the first time in high-profile disputes involving Russia and Ukraine, Saudi Arabia and Qatar, as well as the US, China, the EU and other nations. This has been regarded as the turn of an era in view of the risk that the security exceptions could be instrumentalized to undermine the WTO and the international economic governance system more generally. This study therefore thoroughly analyses the WTO panel reports issued in these landmark cases. It also explains the geopolitical relevance of the increasing invocation of security clauses and argues that the legally and methodologically sound application of the WTO security exceptions, which have often been regarded as “self-judging” provisions, requires a proportionality analysis encompassing tests of the suitability and necessity of the trade measures to be justified under these truly exceptional clauses.
Book Synopsis International Relations and States of Exception by : Shampa Biswas
Download or read book International Relations and States of Exception written by Shampa Biswas and published by Routledge. This book was released on 2009-12-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the margins and peripheries of global politics, this volume addresses key issues within international relations including migration, sovereignty, state security, war on terror, globalization, political economy, race and ethnicity, labor, space, culture and identity.
Book Synopsis The Parody Exception in Copyright Law by : Sabine Jacques
Download or read book The Parody Exception in Copyright Law written by Sabine Jacques and published by Oxford University Press. This book was released on 2019-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Book Synopsis SEC Docket by : United States. Securities and Exchange Commission
Download or read book SEC Docket written by United States. Securities and Exchange Commission and published by . This book was released on 2004 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State of Exception by : Giorgio Agamben
Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
Book Synopsis Exceptions in International Law by : Lorand Bartels
Download or read book Exceptions in International Law written by Lorand Bartels and published by Oxford University Press. This book was released on 2020-06-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Book Synopsis Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions by : Bruce Kilpatrick
Download or read book Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions written by Bruce Kilpatrick and published by Springer. This book was released on 2018-07-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Book Synopsis The Breeder's Exception to Patent Rights by : Viola Prifti
Download or read book The Breeder's Exception to Patent Rights written by Viola Prifti and published by Springer. This book was released on 2015-06-02 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder’s exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.
