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International Trade Law
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Free Trade and Cultural Diversity in International Law
Jingxia Shi
This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/E...
April 2013   360pp    hbk    9781849464253    $100.00   
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Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1
Introduction - The New Lex Mercatoria and its Sources
Jan H Dalhuisen
This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work has been divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its la...
April 2013   378pp    hbk    9781849464512    $150.00   
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Fighting Corruption in Public Procurement
A Comparative Analysis of Disqualification or Debarment Measures
Sope Williams-Elegbe
Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual dif...
November 2012   356pp    hbk    9781849460200    $156.00   
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International Sales Law
A Guide to the CISG
Ingeborg Schwenzer, Christiana Fountoulakis and Mariel Dimsey
Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform proje...
October 2012   842pp    pbk    9781849463027    $70.00   
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World Trade Law
Text, Materials and Commentary
Simon Lester, Bryan Mercurio and Arwel Davies
This newly updated version of one of the leading textbooks on world trade law offers what is in a number of ways a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides both detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere in the world. This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedent...
October 2012   950pp    pbk    9781849462228    $70.00   
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The Settlement of International Disputes
Basic Documents
Compiled by Christian J Tams and Antonios Tzanakopoulos
This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlemen...
September 2012   858pp    pbk    9781849463034    $90.00   
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International Economic Law in the 21st Century
Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods
Ernst-Ulrich Petersmann
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leav...
July 2012   574pp    pbk    9781849460637    $94.00   
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Rough Consensus and Running Code
A Theory of Transnational Private Law
Gralf-Peter Calliess and Peer Zumbansen
Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and...
July 2012   382pp    pbk    9781849463546    $47.00   
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The Practice of International and National Courts and the (De-)Fragmentation of International Law
Edited by Ole Kristian Fauchald and André Nollkaemper
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of th...
March 2012   382pp    hbk    9781849462471    $104.00   
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The Right to Development and International Economic Law
Legal and Moral Dimensions
Isabella D Bunn
The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of ...
March 2012   368pp    hbk    9781841136004    $124.00   
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