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This book examines the manner by which the just war tradition has been invoked, engaged and developed in the context of the war on terror, paying particular attention to the questions of anticipatory war, humanitarian intervention, and punitive war.
In today's global business environment, an executive must have the skills and knowledge to navigate all stages of an international deal, from negotiations to managing the deal after it is signed. The aim of The Global Negotiator is to equip business executives with that exact knowledge. Whereas most books on negotiation end when the deal is made, Jeswald W. Salacuse will guide the reader from the first handshake with a potential foreign partner to the intricacies of making the international joint venture succeed and prosper, or should things go poorly, how to deal with getting out of a deal gone wrong. Salacuse illustrates the many ways in which an international deal may falter and the methods parties can use to save it, provides the necessary technical knowledge to structure specific business transactions, and explores the transformations to the international business landscape over the last decade.
Over the past seven decades, since the General Agreement on Tariffs and Trade (GATT) was established in 1947, there has been a phenomenal increase in international trade in goods, largely due to sustained efforts by the world's main trading nations to reduce and eliminate tariff barriers in a multilaterally orchestrated manner. This publication reviews how the procedures and practices relating to tariff negotiations and renegotiations have evolved over this time. In particular, this new edition recounts how negotiations to expand the duty-free coverage of the Information Technology Agreement were concluded and provides an account of tariff renegotiations regarding successive enlargements of the European Union. It also covers tariff negotiations for the accession of a number of new members to the WTO, such as China and Russia. This book will be of particular interest to negotiators, members of government, trade ministries, economists and academics specialized in trade policy.
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.
This book provides a theoretical basis for understanding the phenomenon of renegotiations in Public Private Partnerships (PPPs). It analyzes the case of transport projects, and provides empirical evidence from a variety of real-world projects. What drives renegotiations? Why are some projects more likely to be renegotiated than others? What are the outcomes? How can we improve the performance of renegotiation processes? These questions form the core of discussion in this book. PPPs are a procurement model for the delivery of infrastructure and public services that have experienced significant growth over the last three decades, particularly in terms of the development of transportation projects. The empirical evidence suggests that most PPP projects are inevitably renegotiated, i.e., the original contract needs to be adapted to new and unforeseen circumstances. The impacts of these changes on the welfare of the respective stakeholders are frequently asymmetric. Most academic research and professional guidelines are focused on PPP contract design and preparation of the procurement process, and very little has been published on the management and, mainly, the process of renegotiating that will – in all likelihood – occur. This book fills this gap in the academic discussion. Several country-based analyses and case studies from Europe and the Americas provide the reader with practical applications of the theory.
The Code of federal regulations is the codification of the general and permanent rules published in the Federal register by the executive departments and agencies of the federal government.
During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.