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The European Union and International Investment Law Reform
In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.
Preferential Services Liberation
An in-depth analysis of the legal criteria that the WTO sets for preferential trade agreements in the area of services.
Climate Change, Disasters and People on the Move
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.
The Law and Practice of Global ICT Standardization
This book presents a first comprehensive effort to explore the mechanics and fundamentals of global ICT standardization. It offers a comprehensive study of legal rules governing ICT standardization; systematically analyses governance and institutional features of some most prominent Standards Development Organizations; and presents qualitative empirical evidence on implementation of these rules in practice. By evaluating legal and procedural rules in light of current practices and tendencies in the industry, the book explores various options available for disciplining ICT standardization from the viewpoint of the applicable legislation, judiciary, and internal governance rules of Standards Development Organizations and offers practical solutions on how to increase the legitimacy of ICT standards. Adding to the previous theoretical approach to the field of standardization from historical, legal and political science perspective, this book applies theoretical considerations to unexplored scenarios, offering a holistic picture of ICT standardization and providing a novel contribution to the field.
Capital Controls and International Economic Law
Explores the IMF's mandate over capital flows and analyses whether capital controls are consistent with international trade and investment agreements.
Coherence and Divergence in Services Trade Law
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 regi...
Nytt juridiskt arkiv
Contains abstracts of Swedish parliamentary legislative activities.
The Palgrave Handbook of International Labour Migration
This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.
Agricultural Domestic Support Under the WTO
Appraises WTO disciplines to argue agricultural support addressing societal priorities is compatible with reducing world market distortions.
Causation in the Law of the World Trade Organization
Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
