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This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.
This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.
For use on courses in international business law, this work emphasises the practical applications and theory. Cases and readings supplement the text.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.
This text presents a collection of articles detailing issues pertinent to the law of international trade, business and investment. Topics include a review of the U.S. export policies, the EEC and international trade, aspects of antitrust law, the effectiveness of the GATT, arbitration in international contracts, legal constraints on multinationals and more.
Special economic zones (SEZs) have become a permanent feature of the world trade scene. This book, the first to provide a critical and comprehensive analysis of SEZs covering a wide spectrum of countries and regions, shows how SEZs, albeit established at the domestic level by different countries, raise multiple legal issues under international economic law. This first-rate book is the product of the Asia FDI Forum IV held in Hong Kong in 2018. Thoroughly exploring the development of the SEZ phenomenon and its players, the contributing authors (all leading economic law experts) review the issues raised by SEZs in the context of international trade law, international investment law and investment arbitration. They identify the extent to which SEZs have been coherent in their design and policymaking, in particular with regard to domestic law reforms. They address such aspects (both core themes and specific examples) as the following: investment protection in China’s SEZs; state-owned enterprises regulation; dispute settlement; under what circumstances incentives available in SEZs count as export subsidies prohibited under World Trade Organization (WTO) rules; compliance with internal market rules in European Union (EU) free zones; local populations as victims of land expropriation; Brazil’s Manaus Free Trade Zone; India’s experience with multiple SEZs; the administrative approval system in the Shanghai Free Trade Zone; economic corridors and transit routes as SEZs; ‘refugee cities’: SEZs for migrants; how China’s Supreme People’s Court serves national strategy; how foreign investors challenge free-zone regimes; impacts of the establishment of SEZs on tax revenues; SEZs and labour migration; and management models. The chapters also include insights into the new emerging generation of international investment agreements; WTO accession, transparency, and case law materials clarifying specific trade issues associated with SEZs; and new rules to protect the environment and labour rights, as well as analysis of crucially significant cases such as Goetz v. The Republic of Burundi, Lee Jong Baek v. Kyrgyzstan and Ampal-American and Others v. Egypt. With its critical and comprehensive analysis of the dynamic SEZ phenomenon across legal, economic, investment, regulatory and policy matrices – including a thorough analysis of the success factors and required policies for SEZs – this book takes a giant step towards answering the question whether SEZs fundamentally contradict norms of international law or whether SEZs have to be considered as laboratories which facilitate the implementation of international economic policies. Its careful examination of theory and practice and its approach to lessons learned from case studies will reward trade and investment officials, policymakers, diplomats, economists, lawyers, think tanks, business leaders and others interested in this ever more important area of law and economics.
An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.
INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”