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Food Safety and Technology Governance
Recent advances in agri-food technology have brought increasing complexity and emerging challenges to food safety regulation and governance, with many countries greatly divided in their regulatory approaches. As more advanced CRISPR-based gene-editing technologies and novel foods such as cloned animal products, non-traditional plants, nanofood, and plant-based meat are rapidly being developed, debates arise as to whether the existing models of governance require revision to ensure consumer safety. Of equal importance is the extensive use of pesticides, additives, and animal drugs, which raise concerns over the methods and approaches of government approval and phasing out of potentially risk-...
Science and Technology in International Economic Law
Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.
Offshore Oil and Gas Development in the Arctic under International Law
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
Regional Cooperation and Free Trade Agreements in Asia
The rise of Asia and the dynamics of Asian economic development have impacted global trade relationships and regional cooperation tremendously. While the WTO integrating national economies into global trade regulations has further liberalized trade relationships between developed and developing nations and amongst the emerging economies in particular in Asia, proliferation of free trade agreements in Asia has raised growing concerns regarding the fragmentation of the world economic order. World-renowned experts have here answered a variety of trade related issues ranging from China’s free trade agreements in its neighbourhood, the Tripartite Relationship between China, Japan and Korea, the...
Regulating Tobacco, Alcohol and Unhealthy Foods
The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the c...
Arbitrating Brands
In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
Weaponising Evidence
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Legitimacy of Unseen Actors in International Adjudication
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Rethinking Investor-State Arbitration
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social res...
Building an International Cybersecurity Regime
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Providing a much-needed study on cybersecurity regime building, this comprehensive book is a detailed analysis of cybersecurity norm-making processes and country positions, through the lens of multi-stakeholder diplomacy. Multidisciplinary and multinational scholars and practitioners use insights drawn from high-level discussion groups to provide a rigorous analysis of how major cyber powers view multi-stakeholder diplomacy.
