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The Law of Partnerships and Corporations
This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada, both in theory and practice. It is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships and corporations to carry on small businesses as well as a thorough introduction to the law and policy of public company governance. The fourth edition has been fully updated to reflect developments in the caselaw and statutory reforms in the last decade. Dozens of new cases are cited. The 2018 amendments to the Canada Business Corporations Act are discussed, including the requirements for public corporations to report on the diversity of their boards of directors that are not yet in force. The chapters on securities law, corporate governance, and corporate social responsibility have been significantly expanded. As well, features to improve the utility of the book have been added, such as more comprehensive cross-referencing throughout the text.
The Federal Income Taxation of Partnerships and Joint Ventures, 6th Edition
A foundational perspective based on 4 common-wealth jurisdictions historic case of these two types of legal scenarios. No an easy read considering its footnotes, but if you'd like a to-the-core understanding this should be included in your list.
Regulatory Autonomy and International Trade in Services
This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.
CETA's Investment Chapter
This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to e...
International Arbitration
Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.
Financing for Sustainable Development in International Investment Law
This book highlights the intersection between international investment law and sustainable development, particularly in the context of the right to regulate for public interest related to sustainable development. Addressing key challenges hindering the harmony between investment law and sustainable development, the book unveils a new methodology to assess whether a government measure or foreign investment contributes to sustainable development. The primary question driving this text is: how should investment treaty arbitration tribunals evaluate the sustainable development impact of both government measures and foreign investments affected by those measures? Beginning by establishing a conceptual framework around the right to regulate for public interest, the book also identifies limitations in the typical approach taken in investment treaty arbitration. Additionally, broader systemic constraints within international investment law concerning sustainable development are discussed. This book will be of interest to students and scholars in the field of international investment law, economic law, and sustainable development.
Sustainability, Civil Society and International Governance
How can civil society and global governors come together in new ways to improve links among trade, environmental and social values? In this important and wide-ranging volume, an unparalleled array of contributors examines the many new processes of civil society engagement that have been introduced at the local, regional and global levels. Assessing what more can be done to strengthen the productive partnerships between civil society and global governance, the book draws on the extensive inventory of existing practices and community-based alternatives to demonstrate how particular mechanisms for civil society participation in global governance have enhanced or impeded the specific economic, environmental and political outcomes that many seek to achieve.
Public Services and International Trade Liberalization
Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that the intrinsic social nature of these services will be negated. Moreover, as those most likely to be reliant on public services, public service liberalization may also further marginalize women. Nevertheless, states continue to increasingly liberalize public services. Barnali Choudhury explores the implications of public service liberalization. Using primarily a legal approach, but drawing from case studies, empirical research and gender theories, she examines whether liberalization under the General Agreement on Trade in Services and other liberalization vehicles such as preferential trade and investment agreements compromise human rights and gender objectives.
Full Protection and Security in International Investment Law
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the c...
Promoting and Managing International Investment
This book provides an overview of international investment policy and policy-making, drawing upon perspectives from law, economics, international business, and political science. International investment is a complex phenomenon with significant effects worldwide. Developing effective policies and strategies to attract investment in sufficient quantities and marshal it to contribute to sustainable development is a critical challenge for governments at all levels. This book’s interdisciplinary approach provides fresh insights into the mix of policy options available to governments seeking investment to support their country’s (or region’s) development. As well as identifying ways to effe...
