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Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood eleme...
Hardbound - New, hardbound print book.
With contributions from well-regarded scholars of international economic law, this book sets out the case for an innovative solution to extreme poverty which utilizes international trade and its legal framework to relieve populations of the poorest countries around the world of extreme poverty. "Microtrade" is international trade on a small scale, based primarily on manually produced products using small amounts of capital and low levels of technology available at a local level in lesser developed countries. This book explores the theory, application, and legal framework for microtrade. In the first part of the book the architect of the microtrade theory, Yong-Shik Lee, offers a theoretical ...
Regional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the le...
Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended...
Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.
Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
As Mary Ann Glendon writes in this fascinating new book, the relationship between politics and the academy has been fraught with tension and regret-and the occasional brilliant success-since Plato himself. In The Forum and the Tower, Glendon examines thinkers who have collaborated with leaders, from ancient Syracuse to the modern White House, in a series of brisk portraits that explore the meeting of theory and reality. Glendon discusses a roster of great names, from Edmund Burke to Alexis de Tocqueville, Machiavelli to Rousseau, John Locke to Max Weber, down to Charles Malik, who helped Eleanor Roosevelt draft the 1948 Universal Declaration of Human Rights. With each, she explores the etern...
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.