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Private International Law in an Era of Change
This timely book examines the complex challenges facing modern private international law (PIL). The book brings together expert practitioners and scholars to consider key topics including digitalisation, European civil cooperation, the codification of PIL, and judicial cooperation. Through showcasing the developments that PIL has already undergone and highlighting areas for further advancement, the book provides a well-rounded picture of the relevance and effectiveness of PIL in todayÕs world.
The Law of the Sea in the Caribbean
A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.
Energy and the Environment
Energy intersects with the environment at all stages of its life cycle by affecting nature and public health and is subject to government measures concerning low-carbon growth, energy efficiency and conservation, renewable energy and ecologically safe supply of nuclear and other energy resources. This timely book provides a comprehensive analysis of the role of international economic law in regulating such an energy-environment nexus under the regimes of the WTO, the Energy Charter Treaty, regional trade agreements and investment treaties. The author discusses the international environmental and economic law foundations of this nexus and extensively examines relevant rules, jurisprudence and practices regarding trade restrictions, subsidies, technical standards, investment protection and technology policies. This book highlights the existing gaps and 'greening' solutions within the framework of international economic law. Where relevant, it draws comparisons between trade law and investment law to show their similarities, differences and (potential) conflicts at the energy-environment interface.
Governing Law and Dispute Resolution in the Oil and Gas Industry
The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.
Sovereignty, the WTO, and Changing Fundamentals of International Law
The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.
Investment Arbitration and Climate Change
At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance bet...
The EU Regulations on the Property Regimes of International Couples
This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Research Handbook on Cross-border Enforcement of Intellectual Property
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
The Exploitation of Intellectual Property Rights
This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.
Exclusive Jurisdiction in Intellectual Property
Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--
