Suchergebnisse

"International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. The most comprehensive textbook available, it will be ideal reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular of international law before exploring further"--

Foreword -- Preface -- Contents -- About the Contributors -- Abbreviations -- Acronyms -- Part I: International Economic Law and Other Concerns -- The First Twenty Cases Under GATT Article XX: Tuna or Shrimp Dear? -- 1 Introduction -- 2 Introducing the General Exceptions -- 3 The Objective of a Measure and the Two-Tier Test -- 4 Why Measures Have Failed Article XX -- 5 Has the Right Balance Been Struck? -- 6 Conclusions -- Appendix 1 -- Appendix 2 -- Falling Foul of Article XX -- Article XX(a) -- US - Gambling (2005) -- China - Audiovisual Services (2009) -- EC - Seals (2014) -- Article XX(b) and (g) -- US - Gasoline (1996) -- EC - Tariff Preferences (2004) -- Brazil - Retreaded Tyres (2007) -- China - Raw Materials (2011) -- China - Rare Earths (2014) -- The (Only) Two Successful Claims Under Article XX -- US - Shrimp II (2001) -- EC - Asbestos (2001) -- References -- Remarks on the Practice of Regional Development Banks´ (RDBs) Accountability Mechanisms and the Safeguard of Human Rights -- 1 Introduction -- 2 Human Rights and Lending Activities: The Experience of the International Bank for Reconstruction and Development -- 3 RDBs Accountability Mechanisms: An Overview -- 3.1 Eligibility -- 3.2 Functions -- 3.3 The Social Dimension of RDBs and Accountability Mechanisms´ Practice -- 4 Remarks on theWeaknesses of RDBs Accountability Mechanisms -- 5 Conclusions -- References -- A Waiver for Europe? CETA´s Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on ... -- 1 Introduction -- 2 Cross-Border Trade in Services Under CETA -- 2.1 Services -- Modalities -- 2.2 Market Access, National Treatment, and MFN -- 2.3 Clarifications -- 2.4 Scheduling Approach and Reservations -- 2.5 Regulatory Competencies -- 3 CETA´s FET and Expropriation Provisions -- 3.1 FET -- 3.2 (Indirect) Expropriation -- 4 Conclusions

"This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely"--

Contemporary political analyses and studies concerning Islam often bear the mark of ethical values and judgements that obtain in the cultural context of the authors.In this respect, two main tendencies can be discerned. The first, which we might call "Western-centred", is to be found in the works of specialists in Oriental or Islamic studies who have been trained in the West and are thence impregnated with its culture. When analysing Islam, they judge it on the basis of the moral or political norms pertaining in the West. The second, which could be characterised as "apologetic", generally finds its reflection in the writings of Moslem thinkers who, reacting against the first school's attacks on Islam, try to glorify it and, in particular, set out to identify in Islam all the cultural notions and inventions of the modern world, in other words, the Western world. According to this second school, Islam is, for example, the inventor and disseminator of democratic government, socialism, the separation of powers, human rights and humanitarian law.