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Open Markets, Free Trade and Sustainable Development
This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay of globalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.
The Development and Effectiveness of International Administrative Law
This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.
Foreign Investment, Human Rights and the Environment
Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, intervent...
Beyond Inclusion
In India, two critical aspects of public policy — social justice and higher education — have witnessed unprecedented expansion in recent years. While several programmes have been designed by the State to equalise access to higher education and implement formal inclusion, discrimination based on caste, tribe, gender, and rural location continues to exist. Focusing on the concrete experiences of these programmes, this book explores the difficulties and dilemmas that follow formal inclusion, and seeks to redress the disproportionate emphasis on principles rather than practice in the quest for equal access to higher education in India. Offering new perspectives on the debates on social mobil...
Multinational Enterprises and the Law
Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regu...
Injury and Causation in Trade Remedy Law
This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
Fundamental Rights and Their Enforcement
La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into ...
The Financial Obligation in International Law
This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligation (e.g. loans and grants) but include secondary obligation resulting from the law on international responsibility. Among the many instances of financial obligation covered in this ...
Arab Regional Organizations
Over the past four decades the Arab nations have exercised an enormous political and economic influence on world events. Much of that impact has been exerted not through the direct actions of individual governments but collectively or indirectly through pan-Arab organizations, economic associations such as OPEC, or through international agencies including the United Nations and the International Monetary Fund. "Arab Regional Organizations "is a fully annotated bibliographic guide to the functions, infrastructures, and effectiveness of Arab organizational activity. The organizations covered in this volume have grown in importance in lockstep with developments in the Middle East. This is parti...
Trade Facilitation and the WTO
With efforts for further substantive liberalization of trade showing little signs of success, focus has shifted to the rationalization and simplification of procedural regulations in international trade. The Agreement on the Trade Facilitation in Goods came into force in 2017, and proposals for similar agreements for trade in services and foreign investment have been submitted and are under discussion. This book discusses both existing and proposed provisions on trade facilitation within the World Trade Organisation (WTO). It covers relevant General Agreement on Tariffs and Trade (GATT) provisions and jurisprudence, the negotiating history of the Trade Facilitation Agreement in Goods, provisions of the WTO Trade Facilitation Agreement and their relevance for developing countries’ concerns, with special emphasis on India, and the prospects for a global digital trade facilitation platform. The book also discusses the desirability for trade facilitation agreements for services and investment and the possibility of success of the proposals submitted in this regard in the WTO.
