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Mega-Regional Trade Agreements
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Small and Medium-sized Enterprises in International Economic Law
Examining the effect widening access to the global marketplace has had on the international legal landscape, this book presents the first comprehensive analysis of the interaction between small and medium-sized enterprises (SMEs) and international economic law.--
Prohibited Force
Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.
Climate Border Adjustments and WTO Law
In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS), which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.
The Law of Interactions Between International Organizations
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Start-up Law
This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. The Guide features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined.
Complicity and the Law of State Responsibility
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
European Energy Law
Das Buch zum Energierecht der Europäischen Union beinhaltet neben einer Einführung (Begriffe, Überblick) das Marktmodell für Strom und Gas (z.B. Gleichbehandlung, Netzzugang), die Regulierungseinrichtungen (ACER, Anforderungen an die nationalen Regulierungsbehörden) und die europäischen Koordinierungseinrichtungen (ENTSO [Strom] usw.). Ein eigenes Kapitel ist der Versorgungssicherheit für Strom- und Gas (Risikovorsorgeplan [Strom], Notfallplan und Solidaritätsprinzip [Gas]) gewidmet. Daneben werden die erneuerbaren Energien, Energieeffizienz, Speicherung, Dezentralisierung (Energiegemeinschaften) und Digitalisierung (Smart Meters) behandelt. Den Abschluss des Buches bildet das Kapitel "Energiesystem der Zukunft" (Green Smart Grid).
Judging International Human Rights
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Negotiating for Water Resources
Over 90 per cent of the world population lives in countries that share a river basin with others. Freshwater resources are scarce and different nations, actors and users compete for limited resources in transboundary river basins; often conflicting with each other. Water is a resource with no substitute: it cannot be secured in sufficiently large quantities through long-distance trade deals; and, due to the interconnectivity of the hydrological system, the actions of one country in its water management have a direct bearing on the interests of neighbouring countries. For instance, in the Mekong River Basin, current hydropower and navigation developments in certain countries impact on traditi...
