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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 324 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 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 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 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.
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 The Exception by : Christian Jungersen
Download or read book The Exception written by Christian Jungersen and published by Anchor Canada. This book was released on 2011-01-28 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four women – intimate with the psychology of evil – work together for a small nonprofit that disseminates information on genocide. When two of them receive death threats, they immediately believe the messages come from one of their recently profiled war criminals. As the tensions mount among the women, each discovers that none of the others is exactly the person they seem to be. Their obsession with tracking down the killer turns into a witch hunt: one by one, the women dismiss the idea that the threats were sent from the outside and begin to suspect each other, disclosing the jealousies and contempt that have been simmering just beneath the surface. A tautly woven philosophical drama with all the trimmings of an electrifying murder mystery, The Exception heralds Christian Jungersen as a gifted storyteller and keen observer of the human psyche.
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:
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:
Download or read book Trade written by and published by . This book was released on 1910 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Report of the The Federal Trade Commission on the Grain Trade, 5 by : The Federal Trade Commission
Download or read book Report of the The Federal Trade Commission on the Grain Trade, 5 written by The Federal Trade Commission and published by . This book was released on 1920 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Board of Trade Journal of Tariff and Trade Notices by :
Download or read book Board of Trade Journal of Tariff and Trade Notices written by and published by . This book was released on 1913 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exceptions from EU Free Movement Law by : Panos Koutrakos
Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Book Synopsis Farm Policies And World Markets: Monitoring And Disciplining The International Trade Impacts Of Agricultural Policies by : Timothy Josling
Download or read book Farm Policies And World Markets: Monitoring And Disciplining The International Trade Impacts Of Agricultural Policies written by Timothy Josling and published by World Scientific. This book was released on 2015-03-11 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to provide interested readers with access to a number of articles that have been written over the years on the subject of the linkages between domestic farm policies (particularly in developed countries) and world markets for agricultural goods. The scope of the book includes the measurement of protection and the estimation of transfers to agricultural producers, the effect of these policies on consumers and the consequent impact on international trade. A major theme is that the monitoring of the trade and transfer implications of farm policies is an essential first step to addressing the need for internationally agreed disciplines on their nature and extent. The topic of trade impacts of farm policies has become important in two different market situations. When agricultural commodity prices are depressed, attention turns to the activities of countries (particularly developed countries) that support the income of their own farmers but at the expense of farmers in other countries. When prices rise, as they have done in the last five years, the question is reversed: what is the impact of the farm and food policies that restrict exports to keep domestic prices low on food security in other countries? Thus, the narrative of the monitoring of farm policies by international organizations such as the OECD and the disciplining of such policies under the rules of the WTO is as relevant today as in the 1970s when the first efforts in this direction were made.
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 433 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.
