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  • 1
    ISBN: 9783319292151
    Language: English
    Pages: Online-Ressource (XXXII, 838 p. 6 illus. in color, online resource)
    Series Statement: European Yearbook of International Economic Law 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Law and Criminology
    Parallel Title: Druckausg.
    Parallel Title: Printed edition
    Keywords: Law ; International law ; Trade ; International economics ; Europäische Union ; Auslandsinvestition ; Recht
    Abstract: Volume 7 of the EYIEL focusses on critical perspectives of international economic law. Recent protests against free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) remind us that international economic law has always been a politically and legally contested field. This volume collects critical contributions on trade, investment, financial and other subfields of international economic law from scholars who have shaped this debate for many years. The critical contributions to this volume are challenged and sometimes rejected by commentators who have been invited to be “critical with the critics”. The result is a unique collection of critical essays accompanied by alternative and competing views on some of the most fundamental topics of international economic law. In its section on regional developments, EYIEL 7 addresses recent megaregional and plurilateral trade and investment agreements and negotiations. Short insights on various aspects of the Transpacific Partnership (TPP) and its sister TTIP are complemented with comments on other developments, including the African Tripartite FTA und the negotiations on a plurilateral Trade in Services Agreement (TiSA). Further sections address recent WTO and investment case law as well as recent developments concerning the IMF, UNCTAD and the WCO. The volume closes with reviews of recent books in international economic law
    Abstract: Part I Topics: Critical Perspectives of International Economic Law -- Part II Regional Developments: Focus on Mega-Regionals and Plurilaterials -- Part III International Economic Institutions -- Part IV Book Reviews
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 2
    Article
    Article
    Associated volumes
    In:  Enzyklopädie Europarecht ; Band 2: Europäischer Grundrechteschutz (2022), Seite 935-991 | year:2022 | pages:935-991
    ISBN: 9783848757718
    Language: German
    Titel der Quelle: Enzyklopädie Europarecht ; Band 2: Europäischer Grundrechteschutz
    Publ. der Quelle: Baden-Baden : Nomos, 2022
    Angaben zur Quelle: (2022), Seite 935-991
    Angaben zur Quelle: year:2022
    Angaben zur Quelle: pages:935-991
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  • 3
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030914486
    Language: English
    Pages: 1 Online-Ressource(VII, 219 p.)
    Edition: 1st ed. 2022.
    Series Statement: Special Issue
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International economic relations.
    Abstract: Marc Bungenberg and Andrew Mitchell, Introduction -- Jürgen Bröhmer, Existing Legal and Political Relations Between the EU, its Member States, and Australia -- Michael Hahn, The Framework of Bilateral Trade Agreements -- Charlotte Sieber-Gasser, Services Trade Liberalisation in the Australia – EU FTA: Progress but no Quantum-Leap -- Neha Mishra, Digital Trade in the Australia – EU FTA: A Future-Forward Perspective -- Jarrod Hepburn, Investment Screening and Market Access in the AEUFTA -- Angshuman Hazarika, Panel Procedures under the proposed EU-Australia FTA -- Esmé Shirlow, Investment Protection in the AEUFTA: Missed Opportunities or Strategic Exclusions? -- Mareike Fröhlich, The Competition Chapter in the EU-Australia FTA -- Philipp Reinhold, European Trade Policy and the Regulation of Subsidies: What can we expect from the EU-Australia FTA?.
    Abstract: This book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June 2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move forward with this ambitious and comprehensive agreement. After a lengthy and arduous process interrupted by the United Kingdom’s withdrawal from the European Union (EU), the United States’ hesitations regarding the EU’s global strategy and the outbreak of the COVID-19 pandemic, the negotiations between Australia and the European Union finally appear to be nearing completion. In challenging times, both parties share a commitment to a positive trade agenda, and to the idea that good trade agreements benefit both sides by boosting jobs, growth and investment. This book explores the challenges, achievements and missed opportunities in the AEUFTA negotiation process, and examines current legal and political relations between the EU, its Member States and Australia. Furthermore, it examines in detail a wide and diverse range of negotiated areas, including digital trade, services, intellectual property rules, trade remedies and investment screening, as well as dispute settlement mechanisms. Lastly, it sheds light on the likely nature of future commercial relations between Australia and the EU. Written by a team of respected authors from leading institutions in both Australia and Europe, the book provides a valuable, interdisciplinary analysis of the AEUFTA.
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  • 4
    ISBN: 9783031050831
    Language: English
    Pages: 1 Online-Ressource(XII, 369 p.)
    Edition: 1st ed. 2022.
    Series Statement: European Yearbook of International Economic Law 12
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; International economic relations.
    Abstract: Part I – The Future of Dispute Settlement in International Economic Law: The US, the WTO, and the Appellate Body: From Great Expectations to Hard Times by Lindsey Garner-Knapp, Shaina D. Western and Henry Lovat -- The Role of the Appellate Body of the WTO in Preserving the ‘Glocal’ Space in International Intellectual Property Law by Emmanuel Kolawole Oke -- Two Sides of the Same Coin? Analysing the Efficacy of the African Continental Free Trade Area and WTO’s Dispute Settlement Mechanisms in Resolving Trade Disputes between African States by Annabel Nanjira -- Legitimacy Crisis at the World Trade Organisation Appellate Body: Other Ways Than the MPIA? by Georgie Juszczyk -- Preventing Frivolous Counterclaims in Investor-State Arbitration: Need for Summary Dismissal Procedures by Vishakha Choudhary -- Designing Deference: Towards a Thin Margin of Appreciation Doctrine in International Investment Law? by Erlend M. Leonhardsen -- Conciliation as Method to Solve Sovereign Debt Disputes Between States and Private Creditors by Domenico Pauciulo -- State Counterclaims and the “Legitimacy Crisis” in Investment Treaty Arbitration by Patricia Cruz Trabanino -- Return to Contract-Based Arbitration as a Possible Response to Achmea by Berta Boknik -- Hagia Sophia at ICSID? The Limits of Sovereign Discretion by Ioannis Glinavos -- International Commercial Courts: A New Frontier in International Commercial Dispute Resolution? Lessons from the Mixed Courts of the Colonial Era by Willem Theus -- The Dejudicialization of International Economic Law by Relja Radović -- Enter the Dialogue: Reference Mechanisms in Dispute Resolution Clauses by Sebastian Lukic -- Part II – Current Challenges, Development and Events in European and International Economic Law: A Booster Shot for Reserves: Overview of the IMF’s $650 Billion Allocation of SDRs by Anjum Rosha and Clara Thiemann.
    Abstract: Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS. .
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  • 5
    ISBN: 9783030590710
    Language: English
    Pages: 1 Online-Ressource(XII, 448 p.)
    Edition: 1st ed. 2022.
    Series Statement: European Yearbook of International Economic Law 11
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade. ; Commercial law ; International economics.
    Abstract: Part I Rights and Obligations of Business Entities under International Economic Law -- Part II Current Challenges, Development and Events in European and International Economic Law -- Part III Book Reviews.
    Abstract: Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.
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  • 6
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030934750
    Language: English
    Pages: 1 Online-Ressource(X, 212 p.)
    Edition: 1st ed. 2022.
    Series Statement: Asian Yearbook of International Economic Law 2022
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Taxation—Law and legislation. ; Asia—Politics and government.
    Abstract: Part II – Trade and Investment: The EU-China Comprehensive Agreement on Investment: Strategic Opportunity Meets Strategic Autonomy by Henry Gao -- Commonalities and Differences in Investment Policies and Treaty Practices: A Comparative Study of China and Japan by Shintaro Hamanaka and Manjiao Chi -- Investor Obligations in India's New Bilateral Investment Treaties: Emergence of New Treaty Practice by Prahbash Ranjan -- Latest Developments of China’s Foreign Investment Policy and Law by Nanying Tao -- Part III – Special Focus: Competition Neutrality: From a White Paper to a Proposal for a Regulation on Foreign Subsidies: Filling a Regulatory Gap in Protecting the EU Internal Market by Filip Krenek and Eddy De Smijter -- Third-Country State Aid Regulation: The European Debate on Foreign Subsidies: Necessity and Possibilities of a Reform by Jürgen Kühling, Thomas Weck and Philipp Reinhold -- Upgrading Subsidy Norms for the Digital Age: EU White Paper’s Contribution and Remaining Questions by Jaemin Lee -- Levelling the Playing Field by Achim Wambach -- State Capitalism in ASEAN: The State-Owned Enterprises under the ASEAN Regional Competition Policy by Alexandr Svetlicinii -- Part IV – Book Review: Gregory Shaffer, Emerging Powers and the World Trading System: The Past and Future of International Economic Law (Cambridge University Press, 2021, ISBN 9781108817127) by Weihuan Zhou.
    Abstract: The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.
    URL: Cover
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  • 7
    Online Resource
    Online Resource
    Cham : Springer Nature Switzerland | Cham : Imprint: Springer
    ISBN: 9783031419775
    Language: English
    Pages: 1 Online-Ressource(X, 203 p.)
    Edition: 1st ed. 2023.
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Commercial law. ; European Economic Community. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Europe ; Europe
    Abstract: Preface -- Challenges Resulting from the EU’s Participation in International Dispute Settlement -- Reform of Substantive Standards in a Multilateral Instrument and the Rule of Law -- Decentral EU Investment Policy: Convergence, Divergence and EU-Plus -- The Institutional Design of an MIC: Why the proposed MIC fails to address the real concerns -- Modernisation of the Energy Charter Treaty: A View from the Inside -- The Substantive Protection of intra-EU Investors under International Investment Law and EU Law: Convergence and Divergence on the Protection of Property and Legitimate Expectations -- Enforcement (Deficits) of Substantive Investment Standards under EU Law -- Completing the Woodcut: On the Feasibility of an Intra-EU Investment Court -- Intra-EU Investor State Contracts after PL Holdings -- Intra-EU Investment Mediation as an Alternative?.
    Abstract: With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional – and sometimes contradictory – facets of the EU’s multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU’s participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.
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  • 8
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin Heidelberg | Berlin, Heidelberg : Springer
    ISBN: 9783642342554
    Language: English
    Pages: 1 Online-Ressource (XVI, 244 p)
    Series Statement: Special Issue
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    DDC: 343.07
    RVK:
    RVK:
    RVK:
    Keywords: World Trade Organization ; Europäische Union ; International Economic Law, Trade Law ; European Law ; Dispute Resolution, Mediation, Arbitration ; Mediation ; Dispute resolution (Law) ; Conflict management ; Handelsrecht ; Aufsatzsammlung ; Aufsatzsammlung ; Europäische Union ; World Trade Organization ; Handelsrecht
    URL: Volltext  (URL des Erstveröffentlichers)
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  • 9
    ISBN: 9783031285325
    Language: English
    Pages: 1 Online-Ressource(XII, 581 p.)
    Edition: 1st ed. 2023.
    Series Statement: European Yearbook of International Economic Law 13
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Commercial law. ; European Economic Community. ; International economic relations. ; Environmental Law.
    Abstract: Editorial -- PART I – Climate Change & Liability -- Climate Change Challenges Constitutional Law: Contextualising the German Federal Constitutional Courts Climate Jurisprudence within Climate Constitutionalism -- Trans-Nationally Determined Contributions for climate justice: Resolving a Paris Agreement’s contradiction that is working against developing states -- The Green Climate Fund, Climate Change and Corporate Due Diligence: What Role for the Private Facility Sector? -- Market Access Conditionality and Border Carbon Adjustments -- Removing Barriers to Climate Change Litigation: The Progressive Erosion of Central Banks’ Immunity -- The WTO Panel Report on US-Safeguard Measure on PV Products: A Decisive Victory for the Fight Against Climate Change? -- The Innovative Trade and Climate Action-Linkage in the EU-UK Trade and Cooperation Agreement – A Template for the EU’s New Approach to Green Trade Agreements -- The Investment Treaty Regime and the Clean Energy Transition -- Making the Energy Charter Treaty Climate-Friendly: An (Almost) Impossible Leap -- Making Finance Flows Consistent with the Aims of the Paris Agreement – Roles, Obligations, and Limitations of the EU Banking Sector and Its Regulatory and Supervisory Institutions -- The Double Materiality Principle (Article 19a NFRD) as Proposed by the Corporate Sustainability Reporting Directive – An Effective Concept to Tackle Green Washing? -- Assessing the Climate of ‘Shareholder based Climate Change Litigation’ in the Global South -- From Unilateral Border Carbon Adjustments to Cooperation in Climate Clubs: Rethinking Exclusion in Light of Trade and Climate Law Constraints -- Environmental and Sustainability Aspects in EU Competition Law – Towards a “More Economic & Ecological Approach” under Article 101 TFEU? -- Climate-Related Individual Rights Under EU Secondary Law and Limitations to Their Material Scope -- Reducing GHG Emissions in a Constitutional Democracy – When EU Civil Courts adjust the EU Emission Trading System -- The Proposed EU Regulation on Trade in Forest-Risk Commodities (FRCs): A First Assessment -- PART II – Current Challenges, Development and Events in European and International Economic Law -- Seven Years Inside the Trade Defence Machinery Room – How Political is the European Commission?.
    Abstract: Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.
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  • 10
    ISBN: 9783031310508
    Language: English
    Pages: 1 Online-Ressource(VIII, 230 p.)
    Edition: 1st ed. 2023.
    Series Statement: Asian Yearbook of International Economic Law 2023
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Asia ; International relations.
    Abstract: Difficult Times in Investment Relations between China and Germany: The Cases of Siltronic/GlobalWafers and COSCO/HHLA -- China’s Dilemma in Renewing its Belt and Road Initiative -- Conflicts over Industrial and Trade Policy: Europe between China and the United States -- Investment Screening in India -- National Security Exceptions in the New Generation Investment Treaties -- Future Unready: Does the WTO need to bolster its Security Exceptions?.-Environmental Regulation and International Investment Law in South Asia -- Balancing Substantive Fairness and Procedural Efficiency: An Analysis of the ISDS Appeal Mechanism under the Rules of Beijing International Arbitration Center -- IPEF, CPTPP and RCEP – The State of Play in ASEAN -- Potential Economic Collaboration Models for the South China Sea Natural Resources -- ASEAN Political Security Community and the Ukraine War, the State of ASEAN Centrality -- Tashkent International Arbitration Centre at the Chamber of Commerce and Industry of Uzbekistan: Taking Stock on its Fourth Anniversary -- Uzbekistan Investment law and policy: challenges and opportunities -- Henry Gao and Weihuan Zhou, Between Market Economy and State Capitalism China's State-Owned Enterprises and the World Trading System, Cambridge University Press, 2022, ISBN: 978-1-108-90879-5 -- Sergio Puig, At the Margins of Globalization: Indigenous Peoples and International Economic Law, Cambridge University Press, 2021, ISBN: 978-1-108-49764-0.
    Abstract: The Asian Yearbook of International Economic Law (AYIEL) 2023 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2023 therefore focuses on international economic law, especially on security and industrial policy.
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