Many product markets have gone global already. Others are following. The globalization of markets is well understood by business. It has also come to dominate the economic policy agenda of nation states and supranational organizations. They all compete for inward investment to create and preserve employment opportunities. Economic law is one of several parameters in the global competition of systems. This study takes note of that new and additional function of economic law. Part I sets out to examine the making of economic law by states, by business and by international and supranational...
Many product markets have gone global already. Others are following. The globalization of markets is well understood by business. It has also come to ...
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires...
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfe...
Although electronic banking is rapidly overtaking direct bank-to-customer and bank-to-bank contact and seems to be moving forward without serious problems the law governing this telecommunication-based business is not always clearly defined in relation to certain issues that arise with ever-greater frequency, especially in cross-border transactions. This is the first book to investigate and present the applicable legal consensus for each of these important issues, based on existing legislation and relevant judicial decisions. The legal issues in question arise from such events, activities,...
Although electronic banking is rapidly overtaking direct bank-to-customer and bank-to-bank contact and seems to be moving forward without serious prob...
In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activityandndash;more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has...
In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement ...
Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This timely publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and...
Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and...
In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ordinary meaning of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the...
In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from mo...
