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Commercial law
Mankowski P.,Cross-border trade substantially fosters the wealth of nations. Today it is a multi-tril- lion euros business. Cross-border dealings are in particularly dependent on reliable rules and legal certainty. Legal ramifications and a dependable legal framework are thus of the absolute essence. Commercial law is the branch of the law called upon to perform this task. In a cross-border, and that is: in a truly international context, this poses a particular challenge. Not surprisingly, international commercial law has become the main field of international legal unification. The commercial needs involved are all too pressing and too real to be ignored or neglected. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is said to be the greatest success of substantive uni- form law. The law of carriage of goods or passengers comes a close second if not an equal-ranked first. Beneath and besides this unification of law between States another level of 'private codifications' has developed over the last decades. Its most prominent protagonists are the Incoterms, the Uniform Customs and Practices for Documentary Letters of Credit (UCP) and the UNIDROIT Principles on International Commercial Contracts (PICC). The ensuing panorama is both complex and fascinating. Its fascina- tion also stems from the manifold interfaces and interactions between the various sub- branches of commercial law.
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New York Convention
Beck C.H.,The rise of international arbitration is closely intertwined with the New York Convention's success. The Convention, with its 147 current Member States one of the most effective international instruments (if not the most effective) in the field of commercial law, has pioneered the unification of international arbitration. It has done so both by directly facilitating recognition and enforcement of foreign awards and by indirectly establishing standards for arbitral proceedings. Conversely, the considerable growth of international arbitration during the last decades has given the Convention a meaning which could hardly have been foreseen back in 1958. The Convention's unifying effect largely depends on the coherent interpretation and application of its provisions by the national courts. Only uniform interpretation allows one to predict the chances of success of an application for recognition and enforcement, which in turn furthers certainty in cross-border contracts and reduces transaction costs. The Convention's age Article II(2)'s reference to the conclusion of contracts by exchange of telegrams is telling and the dynamics during the 1958 conference, which resulted in remarkable last-minute amendments, reinforce the need for uniform interpretation.
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Eingreifen auf Einladung
Nolte G.,Dieses Werk ist urheberrechtlich geschützt. Die dadurch begründeten Rechte, insbeson- dere die der Übersetzung, des Nachdruckes, des Vortrags, der Entnahme von Abbildungen und Tabellen, der Funksendung, der Mikroverfilmung oder der Vervielfältigung auf anderen Wegen und der Speicherung in Datenverarbeitungsanlagen, bleiben, auch bei nur auszugsweiser Verwertung, vorbehalten. Eine Vervielfältigung dieses Werkes oder von Teilen dieses Werkes ist auch im Einzelfall nur in den Grenzen der gesetzlichen Bestim- mungen des Urheberrechtsgesetzes der Bundesrepublik Deutschland vom 9. September 1965 in der jeweils geltenden Fassung zulässig. Sie ist grundsätzlich vergütungspflichtig. Zuwiderhandlungen unterliegen den Strafbestimmungen des Urheberrechtsgesetzes. by Max-Planck-Gesellschaft zur Förderung der Wissenschaften e. V., to be exercised by Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg 1999.
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International law
Brownlie I.,The first book of its kind in the field, Principles of Public International Lawhas been shaping the study and application of international law for over 40 years. Written by a world-renowned expert, this seventh edition builds on the reputation of its predecessors, providing outstanding, lucid, and up-to-date treatment of all of the main issues in international law today. Principles of Public International Law offers readers a carefully balanced perspective on international issues from the point of view of someone who has had substantial experience as Counsel and Advocate in international tribunals and also as Arbitrator. Superb coverage of jurisprudence and historical materials allows readers to follow and gain a deeper understanding of the development of international law. The book includes rigorously detailed references and a particularly thorough and comprehensive index, making it the ideal reference for practitioners or as a main text for students.
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International and European Labour Law
Ales E.,As time goes by... it was in summer 2014 when the publisher discussed with us the idea of an international commentary on European labour law. This follows a tradition in continental systems, especially in Germany, where commentators all over the country analyse statutes, even those of minor importance. Therefore, the German publishing house Nomos took the initiative to commence this project, given that there are still rela- tively few commentaries on these important norms at international level. We discussed the concept and we were quickly convinced that a commentary from a European perspective could provide additional value for any legal practitioner, as well as for legal scholars. The commentary should provide information in order to grant a spe- cific European view, taking into account current legal debates with an EU law context. After a short period of discussion, we concluded that this book should not only provide observations on the EU legal framework. Instead, we wanted to include also internation- al and regional labour law: specifically, the International Labour Organisation and the Council of Europe. This reflects our conviction that it is not sufficient to consider only EU legal instruments, notwithstanding their important status in many of our jurisdic- tions. By adopting a wider perspective, we can find both old and new tools that enrich our interpretation of domestic labour law. Moreover, looking beyond the EU provides us with external benchmarks against which to evaluate the sufficiency of current EU labour law.
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International Commercial Arbitration
Tesfay A.Y.,This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopias laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.
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YSEC Yearbook of Socio-Economic Constitutions
Hindelang S.,This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today's networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets.
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Environmental Process and Production Methods (PPMs) in WTO law
Sifonios D.,This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US-Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the pre- cise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.
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Space Security law
Abeyratne R.,Against the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an exposé on international politics, the principles of which bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and transportation in outer space, as well as the liabilities and accountability of the key players of space exploration.
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The WTO Transit Regime For Landlocked Countries and its Impacts on Members' Regional Transit Agreements
Akbari S.,This book assesses Afghanistan's transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.
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Technical Barriers to Trade in "New Generation" RTAs and in the WTO Agreements
Romanchyshyna I.,This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so.
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European Yearbook of Constitutional Law 2020
Ballin H.E.,The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals.
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Islam, Custom and Human Rights
Saeed L.,For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
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Transnational legal Activism in Global Value Chains
Maab S.M.,This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
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Die Europaische Union
Bieber,Thought-provoking and accessible in approach, this book offers a classic introduction to European law. Taking a clear structural framework, it guides the student through the subject's core elements from the creation of European law and its enforcement to the workings of the internal market. A flowing writing style combines with the use of illustrations and diagrams throughout the text to ensure the student understands even the most complex of concepts. This succinct and enlightening overview is required reading for all students of European law.
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Europaen law
Schutze,Thought-provoking and accessible in approach, this book offers a classic introduction to European law. Taking a clear structural framework, it guides the student through the subject's core elements from the creation of European law and its enforcement to the workings of the internal market. A flowing writing style combines with the use of illustrations and diagrams throughout the text to ensure the student understands even the most complex of concepts. This succinct and enlightening overview is required reading for all students of European law.
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International trade law
Trebilcock M.J.,"Who better to provide this highly accessible yet thorough introduction to international trade law than Michael Trebilcock, one of the world's pre-eminent scholars in the field. It introduces all of the important issues in contemporary trade law in straightforward language, capturing the critical details of each topic with both clarity and brevity. It can also serve as an excellent companion to the thick textbooks that accompany international economics or international trade law courses, or help anyone interested in this topic to understand the issues without slugging through legal and economics jargon that makes other sources less approachable.
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Gatt-wto
Senti R.,Mit dem Abschluss der Uruguay-Runde am 15. Dezember 1993 in Genf und der Unterzeichnung der Verträge im marokkanischen Marrakesch am 15. April 1994 hat das Allgemeine Zoll- und Han- delsabkommen (GATT) sowohl eine Fortsetzung als auch eine Erweiterung erfahren. Eine Fortsetzung, indem die neu geschaf- fene Welthandelsordnung die Grundregeln des GATT übernimmt, eine Erweiterung, indem diese Ordnung über den Güterhandel hin- aus nun auch den grenzüberschreitenden Dienstleistungsverkehr und den Schutz der geistigen Eigentumsrechte miteinbezieht. Die Abkommen werden nach Ratifizierung durch die Mitgliedstaaten voraussichtlich 1995/96 in Kraft treten.
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Die effektive Durchsetzung kapitalmarktrechtlicher Anspruche mittels Gruppenklage
Blagojevic D.,Die vorliegende Arbeit wurde im Sommersemester 2019 von der Juristi- schen Fakultät der Humboldt-Universität zu Berlin als Dissertation unter dem Titel „Die effektive Durchsetzung kapitalmarktrechtlicher Ansprüche mit- tels Gruppenklage" angenommen. Rechtsprechung und Literatur sind bis Juli 2019 berücksichtigt. Mein herzlicher Dank gilt zunächst meinem verehrten Doktorvater, Herrn Professor Dr. Lars Klöhn, LL.M. (Harvard) für die herausragende Betreuung dieser Arbeit. Er hat mich von Anfang an in meinem wissen- schaftlichen Interesse an dem Thema bestärkt und stand jederzeit als Dis- kussionspartner zur Verfügung. Herrn Professor Dr. Christoph Paulus, LL.M. (Berkeley) danke ich für die zügige Erstellung des Zweitgutachtens. Auch im Übrigen habe ich bei der Erstellung der Arbeit von vielen Sei- ten Unterstützung erfahren. Besonders danken möchte ich Herrn Profes- sor Dr. Hans-Peter Niedermeier, in Vertretung der Hanns-Seidel-Stiftung. für das großzügige Stipendium, das die Anfertigung dieser Dissertation er- möglicht hat. Dr. Rouven Eichten und Viola Pless schließlich verdanke ich etliche Anregungen, die eine wertvolle Bereicherung für diese Arbeit wa- ren. Gewidmet ist die Arbeit meinen Eltern, die mir bis heute rückhaltlos zur Seite stehen.
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International investment law
Subedi S.P.,The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance berween these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.