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Covering a broad scope of international economic law, this volume examines topics like exchange rate manipulation and financial market supervision. Cross-regional economic initiatives are also discussed, as well as recent activity in global institutions.
Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law.
Volume 7 of the EYIEL focusses on criticalperspectives of international economic law. Recent protests against free tradeagreements such as the Transatlantic Trade and Investment Partnership (TTIP)remind us that international economic law has always been a politically andlegally contested field.
Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the ¿Brexit¿ in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.
Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region.In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations.The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.
Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO).
Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.
It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law.
Volume 12 of the EYIEL focuses on "e;The Future of Dispute Settlement in International Economic Law"e;. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS.
Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools.
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO.
This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration.
This EYIEL Special Issue is devoted to the European Union's Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.
This book explores links and synergies between international trade and two of the most urgent challenges of the 21st century: achieving sustainable energy (i.e., energy that is affordable, secure, and clean) and mitigating climate change.
This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals.
The book deals with confidentiality as one of the most controversial issues in international commercial arbitration.
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC.
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU's international investment protection agreements.
This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we¿re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.
Since the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields.
This book analyses the adequacy of Mongolia's legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective.
The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreigninvestment regulation. This volume analyzes in depth the new "post-Lisbon situation" in the area of investment policy, provokes further discussion and offers new approaches.
This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US¿Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.
This book presents 22 topical contributions on international trade law and policy, with a particular focus on EU external trade law, addressing countries ranging from Ukraine to Switzerland and the US (TTIP) and aspects from trade and IPRs to anti-dumping.
This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law.
This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law.
In the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law.
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