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Contract Law
Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.
Natural Resource Investment and Africa's Development
'This book makes a significant contribution to the literature on natural resource law and governance by engaging specifically with the issues arising in the African region. It covers a wide spectrum of issues that are key to the sustainable use of natural resources in the region, thus making it an important resource for anyone interested in natural resource governance and economic development in the African region.' – Philippe Cullet, University of London, UK This well-researched book covers a wide spectrum of important issues that are central to investment in natural resources and ultimately, economic development of Africa. Francis Botchway and the expert contributors analyse the relation...
The Investment Treaty Regime and Public Interest Regulation in Africa
A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly h...
Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals
This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres o...
The Nonprofit Sector in Japan
This volume provides the first systematic analysis of the Japanese nonprofit sector ever undertaken. Using a broad range of qualitative and quantitative data, the authors show that Japan has a much larger nonprofit sector than is recognized, even in Japan. Three-quarters of all university students attend nonprofit institutions, significant shares of hospital beds are in nonprofit institutions, and nonprofit agencies are active in the field of social services. Yet in comparative terms the Japanese nonprofit sector lags significantly behind that of other developed economies. One reason for this, the authors argue, is the generally hostile attitude the government has historically taken towards nonprofit organizations in Japan; nonprofit organizations wishing to attain legal status, have to secure the approval of a "competent Ministry," and this is often given begrudgingly or not at all. The nonprofit sector in Japan has only just begun to "flex its muscles" as an independent force in very recent years, and is now on the brink of a new phase in its development.
Contemporary Issues in Intellectual Property Law in Africa
This book discusses the impact of intellectual property and international investment agreements within Africa. It investigates how African nations can enhance their current intellectual property legislation across various regions of the continent, while simultaneously fostering the development of local industries and stimulating innovation and creativity within the region. Despite intellectual property remaining a major issue in global trade governance, African countries have room to maximise the advantages that global intellectual property law can offer. Highlighting discourse on investment, intellectual property, and competition policies in Africa, the book underscores the need for African nations to develop intellectual property frameworks that can facilitate economic transformation. Using data from international intellectual property conventions, WTO dispute settlements and African regional organisation conventions, the book is a comprehensive call to action for African intellectual property lawyers and policymakers. The book will be of interest to students and scholars in the field of intellectual property law and international investment law.
Codifying Contract Law
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
The Nonprofit Sector in Italy
Analysis the nonprofit sector in Italy and shows that such organizations operate in more diverse fields than those of the traditional welfare sectors.
Asper Review of International Business and Trade Law
The Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair.
The African Continental Free Trade Area Agreement
This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access...
