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It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of t...
Based on the author's Ph.D. dissertation, University of Bern, 2013.
This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
Technology is key to the development of nations yet is not freely or easily accessible. This book aims to contribute to the debate about empowering Africa to play a more meaningful role in the global innovation system. It emphasizes the important role of technology transfer in assisting Least Developed Countries (LDCs) in Africa to expand their technological capabilities. The book surveys IP and innovation policies in Africa's past and present, providing theoretical, policy, and legal frameworks, as well as specific measures that will help African LDCs. It proposes solutions to overcome challenges currently posed by inefficiencies in the flow of technologies to LDCs and by the fragmentation ...
This book explores foreign policy developments in post-colonial Africa. A continental foreign policy is a tenuous proposition, yet new African states emerged out of armed resistance and advocacy from regional allies such as the Bandung Conference and the League of Arab States. Ghana was the first Sub-Saharan African country to gain independence in 1957. Fourteen more countries gained independence in 1960 alone, and by May 1963, when the Organisation of African Unity (OAU) was formed, 30 countries were independent. An early OAU committee was the African Liberation Committee (ALC), tasked to work in the Frontline States (FLS) to support independence in Southern Africa. Pan-Africanists, in alli...
In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.
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...
Global Trade Law Series, Volume 58 Customs valuation is a key element in the corpus of international trade law. Despite the facts that the /WTO Valuation Agreement 1994 remains unchanged in all material respects and that it has been adopted by virtually every trading nation on the planet, there are fissures in the system preventing consensus on many contentious questions. This extremely knowledgeable analysis by a world-renowned specialist lawyer in the field—by concentrating on diverging views on the nature of the central feature of the Agreement, the definition of the price actually paid or payable (PAPP)—provides the most extensive study available of the origins and architecture of th...