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            International Law

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            Misleading Silence
              

            Misleading Silence (Hardback)

            Edited by Bant, Elise; Paterson, Jeannie

            • RRP: $476.50
            • $381.20
            • Save $95.30
            • Pub Date
              20 Aug 20

            This collection brings together a team of outstanding scholars from across the common law to explore the treatment of misleading silence in private law doctrine and theory, embracing a comparative analysis. Whereas previous studies have been contractual in focus, this will explor...e the question from across the full spectrum of private law. Its approach encompasses equitable, common law and statutory principles and draws on theoretical, historical, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no competitor in the common law world. Contributors: Professor Emeritus Michael Bryan; Professor Rick Bigwood; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Justice James Edelman; Dr Luke Harding: Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector McQueen, Justice Andrew Phang; Professor Ian Ramsay; Professor Pauline Ridge; Professor Andrew Robertson; Professor Ben Zipursky; Professor Sarah Worthington.
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            ISBN 9781509929252
            Released NZ 20 Aug 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 20 Aug 2020
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            Firm Dominance in EU Competition Law: The Competitive Process and the Origins of Market Power
             

            Firm Dominance in EU Competition Law: The Competitive Process and the Origins of Market Power (Hardback)

            By Ramos, Jorge Marcos

            • RRP: $544.99
            • $544.99
            • Pre Release International

            How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union's (EU's) Article 102 case la...w, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed - today's tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power-that a dynamic understanding of dominance requires looking both forwards and backwards in time-the author examines such sources of dominance as the following: - statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; - legacy firms such as the telecommunications or transport industries; - natural monopolies, e.g., the exploitation of a mine; - investment efforts undertaken in a competitive environment; - intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; - lucky monopolies; and - anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competiti
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            ISBN 9789403520308
            Released NZ 20 Feb 2020
            Publisher Kluwer Law International
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 20 Feb 2020
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            The Nationality of Corporate Investors under International Investment Law
              

            The Nationality of Corporate Investors under International Investment Law (Hardback)

            By Yilmaz Vastardis, Anil

            • RRP: $381.99
            • $305.59
            • Save $76.40
            • Pub Date
              3 Sep 20

            This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics threading through the concepts of jurisdiction, nationa...lity, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of major jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.
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            ISBN 9781509933594
            Released NZ 3 Sep 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age 16+ years
            Series Studies in International Trade and Investment Law
            Availability
            Available for pre-order, ships once internationally released 3 Sep 2020
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            The External Dimension of the EU's Policy against Trafficking in Human Beings
              

            The External Dimension of the EU's Policy against Trafficking in Human Beings (Hardback)

            By Briere, Chloe

            • RRP: $381.99
            • $305.59
            • Save $76.40
            • Pub Date
              15 Oct 20

            This book seeks to determine to what extent the European Union's efforts to promote its approach to combating trafficking in human beings at the external level contribute to their adoption and implementation outside its borders. It is divided in three parts. The first part aims t...o identify the legal context in which the European Union conducts its externalisation efforts. In the second part, the work done by other actors who are also involved in promoting anti-trafficking activities in the Western Balkans region is analysed, as it also participates to the development of counter-trafficking measures and promote cooperation. The third and final part aims to assess the impact on national legislation and policies of the joint efforts of the European Union and its partners to promote a comprehensive approach to combating trafficking in human beings.
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            ISBN 9781509932825
            Released NZ 15 Oct 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age 16+ years
            Series Hart Studies in European Criminal Law
            Availability
            Available for pre-order, ships once internationally released 15 Oct 2020
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            Executive Clemency: Comparative and Empirical Perspectives
             

            Executive Clemency: Comparative and Empirical Perspectives (Hardback)

            Edited by Pascoe, Daniel; Novak, Andrew

            • RRP: $282.00
            • $282.00
            • Pub Date
              7 Jul 20

            Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of o...nce-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
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            ISBN 9780367243579
            Released NZ 7 Jul 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Series Routledge Research in Human Rights Law
            Availability
            Available for pre-order, ships once released
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            Territorial Disputes and State Sovereignty: International Law and Politics
             

            Territorial Disputes and State Sovereignty: International Law and Politics (Hardback)

            By Nunez, Jorge E.

            • RRP: $271.00
            • $271.00
            • Pub Date
              1 Jul 20

            Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least ...one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
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            ISBN 9780367201388
            Released NZ 1 Jul 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Series Routledge Research in International Law
            Availability
            Available for pre-order, ships once released
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            International Environmental Risk Management: A Systems Approach, Second Edition
             

            International Environmental Risk Management: A Systems Approach, Second Edition (Hardback)

            By Voorhees, John; Woellner, Robert A.; Bell, Christopher L.

            • RRP: $306.00
            • $306.00
            • Pub Date
              30 Jul 20

            Based on the first edition with extensive analysis of practical applications of ISO 14000 and environmental compliance management systems, this second edition of International Environmental Risk Management reflects updates made in ISO 14001 and makes available a frame of referenc...e and systematic approach to effectively manage environmental risk. It provides a pathway for readers to understand and systematically implement environmental management systems that symbiotically support: enterprise risk management programs; compliance, anti-bribery, and legal management systems; and product stewardship, carbon footprint assessments, and sustainability programs. This book provides in depth discussions of ways to use global environmental management standards. New Features in this Edition: Combines EMS standards with discussion of specific principles, other authors' research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides an in-depth discussion of ways to use global environmental management standards to manage impacts and risk, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Shows the substantive revision of ISO 14001 and reflects all changes in the second edition. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with the pragmatic resolution to environmental and risk management issues. This second edition gives a broad and detailed analysis of the changes made to ISO 14001 and serves as an excellent guide in managing environmental risk.
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            ISBN 9781138054523
            Released NZ 30 Jul 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Availability
            Available for pre-order, ships once released
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            Cases and Materials on the Law of International Organizations
             

            Cases and Materials on the Law of International Organizations (Hardback)

            By Worster, William Thomas

            • RRP: $259.00
            • $259.00
            • Pub Date
              15 Sep 20

            In less than 100 years, international organizations have evolved from curiosities into keystones of international law. What began long ago as an unremarkable effort to coordinate a limited number of technical issues has grown into a global, multilevel, blended governing project w...ith diverse competences in most fields of human endeavor and interests. Law graduates who enter the field of international law, as well as political science, international relations and diplomacy, are increasingly expected to have a strong knowledge of the law of international organizations. Beyond knowledge, graduates are also expected to be able to solve new emerging legal problems confronting organizations. This book introduces students to the law of international organizations through the careful study of the most recent cases and other materials from the International Court of Justice, United Nations Security Council and General Assembly, World Trade Organization, international criminal tribunals, European Union, European Court of Human Rights, International Labor Organization, various domestic courts and arbitral panels, and other bodies. In doing so, it undertakes a critical examination of legal rights and duties, exposing the fundamental questions that arise when addressing a range of issues within an organization. In order to provide the best foundation, the textbook focuses on several key topics: the law of treaties, creation of organizations, membership, powers of organizations, legal effects of their acts, organs, immunities and responsibility. This book is best suited for students who are studying international organizations and who have already had one or more courses on international and/or European law.
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            ISBN 9781138056640
            Released NZ 15 Sep 2020
            Publisher Taylor & Francis Ltd
            Interest Age 16+ years
            Availability
            Available for pre-order, ships once released
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            The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option
             

            The Allocation of Multinational Business Income: Reassessing the Formulary Apportionment Option (Hardback)

            Edited by Krever, Richard

            • RRP: $606.99
            • $606.99
            • Pre Release International

            Although arm's length methodology continues to prevail in international taxation policy, it has long been replaced by the formulary apportionment method at the subnational level in a few federal countries. Its use is planned for international profit allocation as an element of th...e European Union's CCCTB proposals. In this timely book - a global guide to formulary apportionment, both as it exists in practice and how it might function internationally - a knowledgeable group of contributors from Australia, Canada, the United Kingdom and the United States, address this actively debated topic, both in respect of its technical aspects and its promise as a global response to the avoidance, distortions, and unfairness of current allocation systems. Drawing on a wealth of literature considering formulary apportionment in the international sphere and considering decades of experience with the system in the states and provinces of the United States and Canada, the contributors explicate and examine such pertinent issues as the following: - the debate about what factors should be used to allocate profits under a formulary apportionment system and experience in jurisdictions using formulary apportionment; - application of formulary apportionment in specific sectors such as digital enterprises and the banking industry; - the political economy of establishing and maintaining a successful formulary apportionment regime; - formulary apportionment proposals for Europe; - the role of traditional tax criteria such as economic efficiency, fairness, ease of administration, and robustness to avoidance and incentive compatibility; - determining which parts of a multinational group are included in a formulary apportionment unit; and - whether innovative profit-split methodologies such as those developed by China are shifting traditional arm's length methods to a quasi-formulary apportionment system. Providing a comprehensive understanding of all aspects of the formulary apportionment option
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            ISBN 9789403506142
            Released NZ 20 Feb 2020
            Publisher Kluwer Law International
            Interest Age General Audience
            Availability
            Available for pre-order, ships once internationally released 20 Feb 2020
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            The Regulation of Product Standards in World Trade Law
              

            The Regulation of Product Standards in World Trade Law (Hardback)

            By Du, Ming

            • RRP: $350.99
            • $280.79
            • Save $70.20
            • Pub Date
              12 Nov 20

            This monograph has two central purposes. The first is to provide a critical analysis of how governmental, private and hybrid product standards are regulated in the GATT/WTO legal framework. The second purpose is to explore, both positively and normatively, the impact that WTO dis...ciplines may have on the composition, function and decision-making process of various standard-setting bodies through the lens of a series of selected case studies including the EU eco-labelling scheme; ISO standards; and private standards such as GlobalGAP. The book analyses what role, if any, the WTO may play in making product standards applied in international trade embody not only technological superiority but also substantive and procedural fairness such as deliberation, representativeness, openness, transparency, due process and accountability. Whilst it has been long recognised that voluntary product standards drawn up by both governmental and non-governmental bodies can in practice create trade barriers as serious as mandatory governmental regulations, a rigorous and systematic inquiry into the boundary, relevance and impact of WTO disciplines on product standards is still lacking. Providing a lucid interpretation of the relevant WTO rules and cases on product standards, this book fills this significant gap in WTO law literature. Definitive and comprehensive, this is an essential reference work for scholars and practitioners alike.
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            ISBN 9781509931132
            Released NZ 12 Nov 2020
            Publisher Bloomsbury Publishing PLC
            Interest Age 16+ years
            Series Studies in International Trade and Investment Law
            Availability
            Available for pre-order, ships once internationally released 12 Nov 2020
            View details for this title
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