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ENGLISH

Customs Valuation Agreement - Origin, Standards And Interpretations

by Mark K. Neville

162,98€ + 10% CARD

 <span style="color: rgb(51, 51, 51); font-family: "Source Sans Pro", sans-serif; font-size: 14px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: rgb(255, 255, 255); text-decoration-thickness: initial; text-decoration-style: initial; text-decoration-color: initial; display: inline !important; float: none;">Global Trade Law Series, Volume 58Customs valuation is a key element in the corpus of international trade law. Despite the facts that the /WTO Valuation Agreement 1994 remains unchanged in all material respects and that it has been adopted by virtually every trading nation on the planet, there are fissures in the system preventing consensus on many contentious questions. This extremely knowledgeable analysis by a world-renowned specialist lawyer in the field—by concentrating on diverging views on the nature of the central feature of the Agreement, the definition of the price actually paid or payable (PAPP)—provides the most extensive study available of the origins and architecture of the Valuation Agreement and its intersection with transfer pricing norms.Among much else, the author fully explains differing views on such questions as the following:<ul><li>criteria governing royalties and license fees;</li><li>acceptability of the First Sale for Export doctrine;</li><li>role of transport charges in valuing dutiable assists;</li><li>status of interest payments on deferred payments;</li><li>valuation of carrier media bearing software for data processing equipment;</li><li>inclusion or exclusion of transport charges in the PAPP;</li><li>status of the WTO’s moratorium on electronic transmissions;</li><li>status of payments of money for tools and other materials used in producing the imported goods; and</li><li>status of international instruments of traffic.</li></ul>The author expertly assesses interpretations of the Valuation Agreement as presented in the instruments of the World Customs Organization and in the administrative and judicial fora of the United States, Canada, and the European Union.This matchless book takes a giant step toward "real-world" consensus on the daunting questions of custom valuation. Customs and international tax professionals, as well as academic scholars, will come away from its in-depth coverage with an enhanced ability to discern the logic inherent in the Valuation Agreement, a greater awareness of current trends and their origins in authoritative customs valuation bodies, and improved confidence when approaching customs valuation questions.
ENGLISH

Customs Valuation Agreement - Origin, Standards And Interpretations

by Mark K. Neville

162,98€ + 10% CARD

 <span style="color: rgb(51, 51, 51); font-family: "Source Sans Pro", sans-serif; font-size: 14px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: rgb(255, 255, 255); text-decoration-thickness: initial; text-decoration-style: initial; text-decoration-color: initial; display: inline !important; float: none;">Global Trade Law Series, Volume 58Customs valuation is a key element in the corpus of international trade law. Despite the facts that the /WTO Valuation Agreement 1994 remains unchanged in all material respects and that it has been adopted by virtually every trading nation on the planet, there are fissures in the system preventing consensus on many contentious questions. This extremely knowledgeable analysis by a world-renowned specialist lawyer in the field—by concentrating on diverging views on the nature of the central feature of the Agreement, the definition of the price actually paid or payable (PAPP)—provides the most extensive study available of the origins and architecture of the Valuation Agreement and its intersection with transfer pricing norms.Among much else, the author fully explains differing views on such questions as the following:<ul><li>criteria governing royalties and license fees;</li><li>acceptability of the First Sale for Export doctrine;</li><li>role of transport charges in valuing dutiable assists;</li><li>status of interest payments on deferred payments;</li><li>valuation of carrier media bearing software for data processing equipment;</li><li>inclusion or exclusion of transport charges in the PAPP;</li><li>status of the WTO’s moratorium on electronic transmissions;</li><li>status of payments of money for tools and other materials used in producing the imported goods; and</li><li>status of international instruments of traffic.</li></ul>The author expertly assesses interpretations of the Valuation Agreement as presented in the instruments of the World Customs Organization and in the administrative and judicial fora of the United States, Canada, and the European Union.This matchless book takes a giant step toward "real-world" consensus on the daunting questions of custom valuation. Customs and international tax professionals, as well as academic scholars, will come away from its in-depth coverage with an enhanced ability to discern the logic inherent in the Valuation Agreement, a greater awareness of current trends and their origins in authoritative customs valuation bodies, and improved confidence when approaching customs valuation questions.
ENGLISH

Incoterms 2020 Handbook - Effecting Deliveries In Challenging Times

by Lauri Railas

173,58€ + 10% CARD

 Global Trade Law Series, Volume 57The internationally accepted trade terms known as Incoterms constitute a key instrument for supply chain management. Although the terms have been used worldwide in contracts of sale for nearly a century, there is surprisingly little practical legal guidance on how to use them properly to avoid mishaps and unnecessary disputes. This book - by an expert who has been active in the formal interpretation, drafting and application of the various versions of the Incoterms since the 1990s - thoroughly explains for sophisticated users the framing and implications of each term in the complex international trade and transport environment where English is the lingua franca.Fully detailing the use of Incoterms® 2020 in contracts of sale, interacting with contracts of transport, insurance, and finance, the author provides in-depth descriptions and analyses of each of the 11 Incoterms® 2020 in the logistical order of a sales transaction, along with practical notes about the use of each term. Issues covered include the following:<ul><li>at which stage of a supply chain the delivery of the goods takes place;</li><li>when the risk of loss or damage to the goods passes from seller to buyer;</li><li>how to treat delay from the risk point of view not expressly addressed by Incoterms® 2020;</li><li>who contracts for or arranges carriage and who procures insurance;</li><li>role of transport documents and other delivery documents and their electronic equivalents;</li><li>clearing through customs, licences, authorizations, security clearances, and other formalities;</li><li>checking, packaging, and marking of the goods;</li><li>how the costs involved in delivery operations are divided between seller and buyer;</li><li>delivery implications relating to other parts of the contract of sale;</li><li>special deliveries with insight into container deliveries, deliveries of large objects, dangerous goods, deliveries including installations, deliveries through pipelines, deliveries of software, intra-group deliveries, courier deliveries and the interface with consumer law;</li><li>challenges caused by logistic bottlenecks such as those deriving from the COVID-19 pandemic;</li><li>consequences of delay in delivery;</li><li>economic sanctions; and</li><li>use of force majeure and hardship clauses.</li></ul>The presentation is richly supported with many illustrations and charts and numerous case studies.Managers or professionals responsible for sales or procurement or logistics in sale of goods, including transport, freight forwarding, and marine insurance, will greatly benefit from the book’s practical guidance, as will in-house lawyers, accountants, surveyors, and other experts involved in concluding sales contracts or settling disputes in connection with them. Academics and students concerned with commercial subjects will appreciate the author’s detailed and knowledgeable treatment of the subject.
ENGLISH

Incoterms 2020 Handbook - Effecting Deliveries In Challenging Times

by Lauri Railas

173,58€ + 10% CARD

 Global Trade Law Series, Volume 57The internationally accepted trade terms known as Incoterms constitute a key instrument for supply chain management. Although the terms have been used worldwide in contracts of sale for nearly a century, there is surprisingly little practical legal guidance on how to use them properly to avoid mishaps and unnecessary disputes. This book - by an expert who has been active in the formal interpretation, drafting and application of the various versions of the Incoterms since the 1990s - thoroughly explains for sophisticated users the framing and implications of each term in the complex international trade and transport environment where English is the lingua franca.Fully detailing the use of Incoterms® 2020 in contracts of sale, interacting with contracts of transport, insurance, and finance, the author provides in-depth descriptions and analyses of each of the 11 Incoterms® 2020 in the logistical order of a sales transaction, along with practical notes about the use of each term. Issues covered include the following:<ul><li>at which stage of a supply chain the delivery of the goods takes place;</li><li>when the risk of loss or damage to the goods passes from seller to buyer;</li><li>how to treat delay from the risk point of view not expressly addressed by Incoterms® 2020;</li><li>who contracts for or arranges carriage and who procures insurance;</li><li>role of transport documents and other delivery documents and their electronic equivalents;</li><li>clearing through customs, licences, authorizations, security clearances, and other formalities;</li><li>checking, packaging, and marking of the goods;</li><li>how the costs involved in delivery operations are divided between seller and buyer;</li><li>delivery implications relating to other parts of the contract of sale;</li><li>special deliveries with insight into container deliveries, deliveries of large objects, dangerous goods, deliveries including installations, deliveries through pipelines, deliveries of software, intra-group deliveries, courier deliveries and the interface with consumer law;</li><li>challenges caused by logistic bottlenecks such as those deriving from the COVID-19 pandemic;</li><li>consequences of delay in delivery;</li><li>economic sanctions; and</li><li>use of force majeure and hardship clauses.</li></ul>The presentation is richly supported with many illustrations and charts and numerous case studies.Managers or professionals responsible for sales or procurement or logistics in sale of goods, including transport, freight forwarding, and marine insurance, will greatly benefit from the book’s practical guidance, as will in-house lawyers, accountants, surveyors, and other experts involved in concluding sales contracts or settling disputes in connection with them. Academics and students concerned with commercial subjects will appreciate the author’s detailed and knowledgeable treatment of the subject.
ENGLISH

Customs Law In The European Union - Legal, Doctrinal And Jurisprudential Framework

by José Rijo

231,88€ + 10% CARD

 The regulation of imports and exports by customs authorities profoundly affects the activity of economic operators in international trade. This is (one of) the first book(s) in English to critically assess the legal instruments of the European Union’s trade and customs policy—namely the Union Customs Code and its regulatory instruments—taking account of doctrinal contributions and the jurisprudential acquis of the Court of Justice of the European Union. With unparalleled guidance for the adoption of the best customs solutions for international trade operations, the book covers such crucial elements of relevant law and procedure as the following: <ul> <li>submission of goods to customs;</li> <li>types of customs declaration;</li> <li>the EU’s harmonized commodity description and coding system;</li> <li>setting of import and export duties;</li> <li>evaluation of the customs value of goods;</li> <li>determination of tariff quotas or suspensions;</li> <li>collection and payment of duties;</li> <li>proof of origin of goods;</li> <li>preferential arrangements: FTAs and GSP;</li> <li>customs debt and guarantees;</li> <li>issues raised by under-evaluation and under-invoicing of goods and false certifications of the origin of goods;</li> <li>effect of unfair competition practices (dumping and trade defense);</li> <li>right to appeal customs authority decisions;</li> <li>storage; and</li> <li>taxation.</li> </ul> The complexity of customs requirements and procedures imposes on businesses the necessity to become familiar with the intricate mechanisms deriving from customs law. This book will prove an indispensable tool for all companies involved with import/export to and from Europe. It will be welcomed worldwide by in-house counsel, purchasing and supply chain departments, customs brokers, logistic and forwarding operators, customs officers, and interested academics both in and outside the European Union.
ENGLISH

Customs Law In The European Union - Legal, Doctrinal And Jurisprudential Framework

by José Rijo

231,88€ + 10% CARD

 The regulation of imports and exports by customs authorities profoundly affects the activity of economic operators in international trade. This is (one of) the first book(s) in English to critically assess the legal instruments of the European Union’s trade and customs policy—namely the Union Customs Code and its regulatory instruments—taking account of doctrinal contributions and the jurisprudential acquis of the Court of Justice of the European Union. With unparalleled guidance for the adoption of the best customs solutions for international trade operations, the book covers such crucial elements of relevant law and procedure as the following: <ul> <li>submission of goods to customs;</li> <li>types of customs declaration;</li> <li>the EU’s harmonized commodity description and coding system;</li> <li>setting of import and export duties;</li> <li>evaluation of the customs value of goods;</li> <li>determination of tariff quotas or suspensions;</li> <li>collection and payment of duties;</li> <li>proof of origin of goods;</li> <li>preferential arrangements: FTAs and GSP;</li> <li>customs debt and guarantees;</li> <li>issues raised by under-evaluation and under-invoicing of goods and false certifications of the origin of goods;</li> <li>effect of unfair competition practices (dumping and trade defense);</li> <li>right to appeal customs authority decisions;</li> <li>storage; and</li> <li>taxation.</li> </ul> The complexity of customs requirements and procedures imposes on businesses the necessity to become familiar with the intricate mechanisms deriving from customs law. This book will prove an indispensable tool for all companies involved with import/export to and from Europe. It will be welcomed worldwide by in-house counsel, purchasing and supply chain departments, customs brokers, logistic and forwarding operators, customs officers, and interested academics both in and outside the European Union.
ENGLISH

Handbook On Product Standards And International Trade - Navigating The Regulatory Landscape In India

198,75€ + 10% CARD

 Global Trade Law Series, Volume 55 India, one of the world’s foremost trading nations, exhibits a particularly complex regulatory landscape with a variety of standard-setting bodies, regulators, accreditation and certification bodies, inspection agencies, as well as several state-level regulators. This is the first book to extensively describe the nature of standard-setting processes in India and the key agencies involved with this task, greatly clarifying the scope of market opportunities in the country. Lucid contributions from experienced practitioners and regulators with first-hand experience in formulating and advising on standards-related issues in international trade help disentangle the web of laws, regulations, operations, and functions of India’s standard setters in governmental, non-governmental, and industry contexts. The chapters describe how standards apply to such crucial trade aspects as the following: <ul> <li>conformity assessment practice and procedure;</li> <li>environmental, ethical, social, and safety issues;</li> <li>import bans and import licensing;</li> <li>certification and labelling measures;</li> <li>mutual recognition agreements;</li> <li>food safety; and</li> <li>standardisation of the digital economy.</li> </ul> The book is drafted throughout in an easy-to-read style, with numerous tables, flowcharts, and figures illustrating step-by-step compliance procedures. Informative annexes guide the reader to relevant agencies and identify their roles and responsibilities. This book provides a clear and concise guide to the operations, functions, and compliance and documentation requirements of India’s standard-setting and regulatory bodies across all sectors and products, and thus will serve as an unmatched guide for manufacturers, traders, and exporters operating in the Indian market or seeking to export to India. It will also serve as a useful Handbook to policymakers, academics, and researchers interested in understanding the role of standard-setting bodies in the field of international trade.
ENGLISH

Handbook On Product Standards And International Trade - Navigating The Regulatory Landscape In India

198,75€ + 10% CARD

 Global Trade Law Series, Volume 55 India, one of the world’s foremost trading nations, exhibits a particularly complex regulatory landscape with a variety of standard-setting bodies, regulators, accreditation and certification bodies, inspection agencies, as well as several state-level regulators. This is the first book to extensively describe the nature of standard-setting processes in India and the key agencies involved with this task, greatly clarifying the scope of market opportunities in the country. Lucid contributions from experienced practitioners and regulators with first-hand experience in formulating and advising on standards-related issues in international trade help disentangle the web of laws, regulations, operations, and functions of India’s standard setters in governmental, non-governmental, and industry contexts. The chapters describe how standards apply to such crucial trade aspects as the following: <ul> <li>conformity assessment practice and procedure;</li> <li>environmental, ethical, social, and safety issues;</li> <li>import bans and import licensing;</li> <li>certification and labelling measures;</li> <li>mutual recognition agreements;</li> <li>food safety; and</li> <li>standardisation of the digital economy.</li> </ul> The book is drafted throughout in an easy-to-read style, with numerous tables, flowcharts, and figures illustrating step-by-step compliance procedures. Informative annexes guide the reader to relevant agencies and identify their roles and responsibilities. This book provides a clear and concise guide to the operations, functions, and compliance and documentation requirements of India’s standard-setting and regulatory bodies across all sectors and products, and thus will serve as an unmatched guide for manufacturers, traders, and exporters operating in the Indian market or seeking to export to India. It will also serve as a useful Handbook to policymakers, academics, and researchers interested in understanding the role of standard-setting bodies in the field of international trade.
ENGLISH

Antidumping - A Developing Country Perspective

by Reem Anwar Ahmed Raslan

209,35€ + 10% CARD

 This book aims to examine the use of antidumping laws as "temporary adjustment" safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditionsThe book is divided into six chapters:<ul><li>The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level;</li><li>The second chapter reviews current WTO antidumping law;.</li><li>The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India</li><li>;The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and</li><li>Finally, the sixth chapter looks at economies of scale as barriers to effective competition.</li></ul>
ENGLISH

International Trade Policy For Technology Transfers - Legal And Economic Dilemmas On Multilateralism Versus Bilateralism

by Yi Shin Tang

229,23€ + 10% CARD

 The importance of international technology transfer for economic development can hardly be overstated. But the wide range of interests among developed and developing countries has long been the cause of enormous political obstacles to the conclusion of efficient international agreements dealing with technology transfers. This book provides a robust guideline to both policymakers and researchers wishing to identify and categorize the factors that influence the process of technology flows across national boundaries, as well as the economic theories and legal arguments that may support a given position in international forums. In particular, the work discusses how certain negotiation strategies may optimally deal with such barriers and lead to more effective institutional arrangements in the current global geography of technological development. The book features a strong balance between legal and economic theories, ranging from the analysis of judicial cases before the WTO Dispute Settlement System, to the manipulation of complex econometric methods and statistical tools. It covers and attempts to describe almost every relevant legal statute on the subject, thus providing an essential technical tool for decision makers and lawyers working in the field of international technology transfers, as well as to students. Furthermore, given the increasing worldwide attention to the negotiations taking place in the WTO, the book may serve as a valuable source of argumentation for both developed and developing countries in the yet unexplored relationship between foreign investments, technology licensing and international trade.
ENGLISH

Theories And Practices Of Compliance With Wto Law

by Yenkong Ngangjoh Hodu

221,28€ + 10% CARD

 Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action.
ENGLISH

Wto Litigation, Investment Arbitration, And Commercial Arbitration

254,40€ + 10% CARD

 This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and ‘pressure points’ within host governments; selection and appointment of arbitrators, panels and Appellate Body members; use of experts and economics; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing ‘moral damage’; regimes of review, appeals and annulment; enforcement systems of awards, implementation of WTO law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.
ENGLISH

Liberalization Of Trade In Legal Services

by Gilles Muller

221,28€ + 10% CARD

 The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession.
ENGLISH

Export Control Law And Regulations Handbook - A Practical Guide To Military And Dual-Use Goods Trade Restrictions And Compliance

270,30€ + 10% CARD

 The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes.In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more:<ul><li>• import/export legal and regulatory requirements for controlled goods and services;</li><li>• sanctions for breach of such requirements (civil, administrative, or criminal);</li><li>• licence application processes;</li><li>• arms, dual-use and other products embargo (including chemical and biological materials and technology); and</li><li>• enforcement measures.</li></ul>The Handbook also makes available, through an online application, all important standard export control-related forms, templates, and other related documents, all of which readers can use to draft their own documents.The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.
ENGLISH

Law Of Globalization - An Introduction

by Laurence Boulle

229,23€ + 10% CARD

 There is a growing clamor particularly from the main beneficiaries of globalization that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions, and protections for increased foreign investment. While there is little doubt that globalization is a major contributor to changes in the definition, boundaries and nature of law, the question remains as to how much law and regulation from different sources is compatible with the assumptions of economic globalization. From a market perspective the point at which state law and regulation move from ‘legitimate’ non-economic interests into the ‘illegitimate’ restriction of trade and investment will materialize much sooner than it will from other perspectives. These theoretical questions arise in concrete form for the decisions of international economic institutions such as the WTO. This thoughtful work focuses on the different forms of law which create the legal infrastructure of economic globalization and on how they interact with one another. It also explains how law is used both to maintain and oppose aspects of globalization. In addition it evaluates the governance of the global political economy in terms of the standards of the Rule of Law.
ENGLISH

Brazil In World Trade - Contingent Protection Measures

by Dan Wei e Fernando M. Furlan

221,28€ + 10% CARD

 Brazil, experiencing its largest economic expansion in three decades, is increasingly at the centre of international trade negotiations. As the world grapples with one of the most severe financial recessions of all time, Brazil is using this opportunity to harness its authority regionally and globally. The country’s already booming exports, recent offshore oil discoveries, macroeconomic stabilization, efficient government policies, and strategic ties to other emerging powers such as China are combining to transform Brazil into an economic superpower. Domestically, Brazil has almost instantaneously been given added political clout, which it can use as leverage in international bargaining. Brazil’s growing prominence on the world stage, both as an investor and as a beneficiary of investments, merits attention to its behaviour regarding contingent protection measures and its strategically active use of WTO law and mechanisms. This book provides a thorough analysis of current Brazilian trade policy in regard to both the country’s historical economic situation and its commitments as a member of the World Trade Organization. Among the aspects that come under analysis are the following: Brazil’s use of antidumping, countervailing measures, and safeguards; the lingering tendency towards protectionism in Brazil’s traditional industrial sector; interaction between trade and competition policies; the strategic partnership between Brazil and China; resolution of Sino-Brazilian trade disputes; Brazil’s regional free trade agreements; measures taken by Brazil as an importing country; measures taken by other WTO members against Brazil; and investigations conducted by foreign trade investigating authorities involving Brazilian exports. Replete with case studies and analyses of relevant proposals and initiatives, this incomparable resource offers the most comprehensive treatment available in one place of Brazil’s role and activity in the global trade regime. It is sure to be widely read not only by lawyers and legal academics but by the entire spectrum of those interested in the present and future of the world trade system.
ENGLISH

Theories And Practices Of Compliance With Wto Law

by Yenkong Ngangjoh Hodu

221,28€ + 10% CARD

 Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.
ENGLISH

India - Commercial Law, Customs And Taxation

by Francesco Misuraca e Germano Franceschin

235,85€ + 10% CARD

 India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, ‘the largest democracy in the world’. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this - in which the business legal system of India is thoroughly reviewed - will be really welcomed by both practitioners and academics. This book examines the full spectrum of India’s legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers’ rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world’s second most populous country (and a rapidly growing economic powerhouse), this book has no peers.
ENGLISH

International Trade Policy For Technology Transfers - Legal And Economic Dilemmas On Multilateralism Versus Bilateralism

by Yi Shin Tang

229,23€ + 10% CARD

 This book provides a robust guideline to both policymakers and researchers wishing to identify and categorize the factors that influence the process of technology flows across national boundaries, as well as the economic theories and legal arguments that may support a given position in international forums. In particular, the work discusses how certain negotiation strategies may optimally deal with such barriers and lead to more effective institutional arrangements in the current global geography of technological development.
ENGLISH

Antidumping - A Developing Country Perspective

by Reem Raslan

209,35€ + 10% CARD

 This book aims to examine the use of antidumping laws as "temporary adjustment" safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditions. The book is divided into six chapters: The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level; The second chapter reviews current WTO antidumping law; The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India. The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and Finally, the sixth chapter looks at economies of scale as barriers to effective competition.
ENGLISH

Wto Litigation, Investment Arbitration, And Commercial Arbitration

by Antoine Romanetti e Jorge A. Huerta-Goldman

254,40€ + 10% CARD

 This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and ‘pressure points’ within host governments; selection and appointment of arbitrators, panels and Appellate Body members; use of experts and economics; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing ‘moral damage’; regimes of review, appeals and annulment; enforcement systems of awards, implementation of WTO law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.
ENGLISH

Liberalization Of Trade In Legal Services

by Gilles Muller

221,28€ + 10% CARD

 The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services - and focusing on barriers to cross-border legal services that result from these regulations - the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.
ENGLISH

Export Control Law And Regulations Handbook - A Practical Guide To Military And Dual-Use Goods Trade Restrictions And Compliance

270,30€ + 10% CARD

 The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes.In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more:<ul><li>• import/export legal and regulatory requirements for controlled goods and services;</li><li>• sanctions for breach of such requirements (civil, administrative, or criminal);</li><li>• licence application processes;</li><li>• arms, dual-use and other products embargo (including chemical and biological materials and technology); and</li><li>• enforcement measures.</li></ul>The Handbook also makes available, through an online application, all important standard export control-related forms, templates, and other related documents, all of which readers can use to draft their own documents.The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.
ENGLISH

Religion And Law In Ireland

by Kathryn Oâ€™ Sullivan

OUT OF STOCK OR NOT AVAILABLE
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