Описание: This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
Описание: This book thoroughly explores coherence and its significance in legal reasoning from the general philosophical perspective, the perspective of legal theory, and from the viewpoint of cognitive sciences, including research on artificial intelligence and law.
Описание: Although coherence theories of law and adjudication have, recently, been extremely influential in legal scholarship and have significantly advanced the case for coherentism in law, a number of problems remain. This, the first concerted attempt to develop a coherence-based theory of legal reasoning, addresses, or at least mitigates these problems.
Автор: Hoffmann Rhea Tamara, Krajewski Markus Название: Coherence and Divergence in Services Trade Law ISBN: 3030469549 ISBN-13(EAN): 9783030469542 Издательство: Springer Рейтинг: Цена: 25155.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Markus Krajewski and Rhea Tamara Hoffmann, Introduction.- Panagiotis Delimatsis, Coherence and Divergence in Agreements on Trade in Services: A Drama in Three Acts.- Johanna Jacobsson, Services liberalization by sub-central entities - towards deeper commitments?.- Gabriel Gari, Recent developments on disciplines on domestic regulations affecting trade in services: convergence or divergence?.- Svetlana Yakovleva, Privacy and data protection in the EU- and US-led Post-WTO Free Trade Agreements.- Ines Willemyns, Addressing Digital Services in PTAs: only convergence in the 11th hour?.- Marion Panizzon and Harjodh Singh, Regulatory or Market-driven Coherence of the Movement of Natural Persons across EU and Asian Preferential Trade Agreements.- Mira Burri, Telecommunications and Media Services in Preferential Trade Agreements: Path Dependences Still Matter.- Carlo M. Cantore, "Parallel convergences" in free trade agreements on financial services: Select issues.- Lijun Zhao, Maritime Transport, the WTO, and Regional Trade Agreements: Too Many Cooks?.- Weiwei Zhang, Embracing Global Tax Reform in the General Agreement on Trade in Services?.
Автор: Hoffmann Rhea Tamara, Krajewski Markus Название: Coherence and Divergence in Services Trade Law ISBN: 3030469573 ISBN-13(EAN): 9783030469573 Издательство: Springer Цена: 25155.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we're currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.
Описание: This book thoroughly explores coherence and its significance in legal reasoning from the general philosophical perspective, the perspective of legal theory, and from the viewpoint of cognitive sciences, including research on artificial intelligence and law.
Описание: This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, it studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. The work offers an innovative comparative approach, discussing the ways in which the different international instruments (namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law, and the World Bank Policy and Regulations) are able to implement labour and social purposes and-at the same time-ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous, and timely, this is important reading for international trade lawyers and procurement practitioners. Revised Dissertation. (Series: Studies in International Trade Law, Vol. 17) Subject: International Economic & Trade Law, Labor & Discrimination Law]
Автор: St John, Taylor Название: The Rise of Investor-State Arbitration ISBN: 0198789912 ISBN-13(EAN): 9780198789918 Издательство: Oxford Academ Рейтинг: Цена: 13781.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.
Автор: Henckels Название: Proportionality and Deference in Investor-State Arbitration ISBN: 1107087902 ISBN-13(EAN): 9781107087903 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
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