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International Sanctions in Practice: An Interdisciplinary Perspective (Routledge-Giappichelli Studies in Law)
by Clara Portela Mirko Sossai Francesco Giumelli Antonio BultriniThis book addresses key aspects relating to the use of international sanctions by assembling contributions from different fields of expertise with a view to providing readers with an interdisciplinary perspective. Unilateral or plurilateral restrictive measures, commonly referred to as “sanctions”, by States or regional organizations have been acquiring an enormous practical importance in the last decades, leading also to the institution of a European Union’s sanctioning mechanism of its own. In addition to that, the war in Ukraine, triggered by the Russian aggression, has given them an unprecedented visibility, including in the mainstream media. The matter nevertheless remains particularly complex, given its diverse implications from a legal as well as from an economic-financial point of view, and not least in a political perspective. This book follows up the workshop that was held at the University of Florence on 9-10 December 2021 and collects original contributions from promising or acclaimed, leading experts on sanctions. Each part of the book is devoted to three main themes: legality and legitimacy; extraterritorial implications; and effectiveness. These parts consist of a “dialogue” between experts from different fields. The book explores the legal basis of sanctions and how this impacts their legitimacy and the perception of their legitimacy. It considers the complex implications of the extraterritorial effects that sanctions often produce or are even intended to produce, as well as how effective they are in relation to different underlying aims. It is hardly possible to tackle such key questions through a unique disciplinary lens. This book thus represents an invitation to scholars, experts and decision-makers to adopt an interdisciplinary approach that can no longer be eluded.
International Secured Transactions Law: Facilitation of Credit and International Conventions and Instruments (Routledge Research in Finance and Banking Law)
by Orkun AkseliThis book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
International Sports Betting: Integrity, Deviance, Governance and Policy (Routledge Research in Sport Business and Management)
by Jean-Patrick Villeneuve Martial PasquierSports betting has become a truly global phenomenon, facilitated by new communication technologies. As a result, the development of deviances, from match-fixing to money laundering, has accelerated. This new reality has numerous implications, for both the regulation of this billion-dollar industry and the very integrity of sport, sport financing and betting operations. Written by an international team of academic researchers and industry professionals, International Sports Betting explores the central concepts of integrity and deviance, governance and policy, as well as perennial issues linked to the gambling sector, such as regulatory responsibilities and the fight against gambling addiction. Unlike other treatments of the gambling industry, the book offers a multi-disciplinary sociological and managerial critique that goes beyond a traditional focus on law and regulation. This is fascinating reading for any student, researcher or practitioner working in the areas of sport business, international business, international regulation, policy studies or gambling studies.
International Standardization and the Agreement on Technical Barriers to Trade
by Andrea Barrios VillarrealInternational Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT). Andrea Barrios Villarreal, who has been involved in standardization activities for more than seven years, provides a unique and in-depth analysis that will be useful to scholars, students and practitioners. This illuminating work is a welcome addition to the international economic law literature and should be read by anyone with an interest in the interaction between trade law and international standardization.
International Status in the Shadow of Empire: Nauru and the Histories of International Law (Cambridge Studies in International and Comparative Law #150)
by Cait StorrNauru is often figured as an anomaly in the international order. This book offers a new account of Nauru's imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru's status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru's status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic's post-independence 'failures'. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.
International Straits
by Ana G. López MartínThis book analyzes the regime of navigation in historical relation to the United Nations Convention of the Law of Sea (UNCLOS) of 10 December 1982, and then analyzes in detail the concept of international straits to arrive at a complete definition. This work examines the eight categories of straits laid out in the UNCLOS. It analyzes the right of innocent passage and the regime of transit passage, both systems of navigation in international straits, and then presents the domestic legislation and the traffic separation schemes which apply to international straits. Finally, the work includes a complete catalogue of straits with the reference to their respective UNCLOS articles.
International Tax Evasion in the Global Information Age
by David S. Kerzner David W. ChodikoffThis book provides a comprehensive analysis of the Organisation for Economic Cooperation and Development's (OECD) war on offshore tax evasion. The authors explain the new emerging regulatory regimes on the global exchange of information to combat offshore tax evasion and analyse why Automatic Exchange of Information (AEOI) is not a "magic bullet" solution. Chapters include coverage of the Foreign Account Tax Compliance Act (FATCA), AEOI and the Common Reporting Standards (CRS), and the unprecedented extra-territorial enforcement by the United States of its tax and reporting laws, including the FBAR provisions of the Bank Secrecy Act. These new legal regimes directly impact nearly all financial institutions and financial service providers in the U. S. , U. K. , EU, Canada, and each of the 132 member jurisdictions of the OECD's Global Forum, as well as 8 million U. S. expats. In light of The Panama Papers, this book offers a timely and valuable contribution on the prevalence and costs of international tax evasion for the global financial community, policy-makers, and practitioners alike.
International Taxation: The Indian Perspective (SpringerBriefs in Law)
by Nigam NuggehalliThis book covers all major topics in international tax law, ranging from permanent establishments and capital gains to the taxation of royalties and technical services, transfer pricing, and General Anti-Avoidance Legislation. It also highlights the Indian “story” of status vs. contract by examining four areas of controversy: permanent establishments, FTS (Fees for Technical Services) & Royalty, capital gains, and transfer pricing. The book approaches the subject of international taxation from two opposing yet related perspectives. One is the tax planning perspective, which involves contracts entered into by individuals and companies; the other is that of state regulation through increasingly complex legislation.The area of permanent establishments demonstrates the dominance of contracts over status, at least with respect to Indian tax law. However, some recent judicial decisions in this area demonstrate the susceptibility of contracts to status-related arguments. The areas of FTS & Royalty as well as those of capital gains and transfer pricing demonstrate the Indian government’s attempts to establish, through legislation, the dominance of status over contracts.Whereas traditional textbooks on international tax law focus on the legal technicalities of tax legislation, this book provides tax scholars and lawyers with an understanding of tax planning and tax legislation side by side in each chapter, specifying the respective kind of actual or anticipated tax planning activity that in turn prompted a legislative response. As such, it offers readers a contextual and practical introduction to the complexities of international tax law, as well as an in-depth analysis of the latest debates and controversies in this area.
International Taxation Law in Sports Events: An Income Tax Analysis
by Alara Efsun YazıcıoğluThis book is the first academic contribution that deals with international taxation of income sources from sports events.Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, such as kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as ‘eSports’ and ‘bidding procedure’, the book examines in detail the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both income tax and VAT perspectives. Also analysed are government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law.With international appeal, this comprehensive book constitutes essential reading for tax and sports law scholars.
International Taxation of Permanent Establishments
by Michael KobetskyThe effects of the growth of multinational enterprises and globalization in the past fifty years have been profound, and many multinational enterprises, such as international banks, now operate around the world through branches known as permanent establishments. The business profits article (Article 7) of the OECD model tax treaty attributes a multinational enterprise's business profits to a permanent establishment in a host country for tax purposes. Michael Kobetsky analyses the principles for allocating the profits of multinational enterprises to permanent establishments under this article, explains the shortcomings of the current arm's length principle for attributing business profits to permanent establishments and considers the alternative method of formulary apportionment for allocating business profits.
International Taxation of Trust Income: Principles, Planning and Design (Cambridge Tax Law Series)
by Mark BrabazonIn International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.
International Toleration: A Theory (Ethics, Human Rights and Global Political Thought)
by Pietro MaffettoneThis book proposes a theory of toleration wherein liberal democracies peacefully co-exist with non-democratic societies. It conceptualises international toleration in a way that is both faithful to the liberal tradition and at the same time explains why we should accept some nonliberal and non-democratic political communities as members in good standing in international society. The volume delves into different theoretical understandings of the idea of toleration and what it has come to mean in today’s highly polarised world. It argues that classifying states as liberal and nonliberal is important but cannot explain how they should relate to one another. Putting forward a new reconstruction of Rawls’s theory of political liberalism, Maffettone makes a compelling case for the claim that the separation between domestic and international political domains can enable a liberal state to have equal respect and recognition for at least some nonliberal ones. A major intervention in political and legal philosophy, this book will be indispensable to students and teachers of political theory, international relations, peace and conflict studies, international law, and human rights. It will also be of interest to government think tanks and civil servants.
International Trade Agreements Before Domestic Courts
by Maria Angela Jardim de Santa Cruz OliveiraThis book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts' decisions in relation to the WTO agreements, which have "direct effect" in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts' enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions' experiences and argues that the traditional academic literature that fosters domestic courts' enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.
International Trade and Business Law Review: Volume X
by Roger Jones Gabriël A. MoensThe International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.
International Trade and Business Law Review: Volume X
by Roger Jones Gabriël A. MoensCompiled by leading international trade law practitioners and academics from across the globe, this volume provides legal and business communities with information, knowledge and an understanding of recent developments in international trade, business and international commercial arbitration. Scholarly in style, this volume contributes to the discussions surrounding the developments whilst being informative and of practical use to the business community and lawyers. Covering the areas of international trade and business law, arbitration law, foreign law and comparative law, with one section devoted to the Willem C. Vis International Commercial Arbitration Moot, it contains: leading articles comments case notes book reviews. International Trade and Business Law Review is an invaluable resource for post-graduate students and business and legal professionals, primarily studying and working in the UK, USA and Australia.
International Trade and Business Law Review: Volume X
by Roger Jones Gabriël A. MoensThe International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.
International Trade and Business Law Review: Volume VIII
by Gabriel MoensFirst published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
International Trade and Carriage of Goods (Maritime and Transport Law Library)
by Baris Soyer Andrew TettenbornThis book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. <P><P>The book is set out in three parts: <P><P>Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. <P><P>Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. <P><P>Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. <P><P>With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
International Trade and Labor Standards: A Proposal for Linkage
by Christian Barry Sanjay ReddyProgressive governments in poor countries fear that if they undertake measures to enhance real wages and working conditions, rising labor costs would cause wealthier countries to import from and invest elsewhere. Yet if the world trading system were designed to facilitate or even reward measures to promote labor standards, poor countries could undertake them without fear.In this book, Christian Barry and Sanjay G. Reddy propose ways in which the international trading system can support poor countries in promoting the well-being of their peoples. Reforms to the trading system can lessen the collective-action problem among poor countries, increasing their freedom to pursue policy that better serves the interests of their people. Incorporating the right kind of linkage between trading opportunities and the promotion of labor standards could empower countries, allowing them greater effective sovereignty and enabling them to improve the circumstances of the less advantaged. Barry and Reddy demonstrate how linkage can be made acceptable to all players, and they carefully defend these ideas against those who might initially disagree. Their volume is accessible to general readers but draws on sophisticated economic and philosophical arguments and includes responses from leading labor activists, economists, and philosophers, including Kyle Bagwell, Robert Goodin, Rohini Hensman, and Roberto Mangabeira Unger.
International Trade and Labor Standards: A Proposal for Linkage
by Christian Barry Sanjay G. ReddyIn this book, Christian Barry and Sanjay G. Reddy propose ways in which the international trading system can support poor countries in promoting the well-being of their peoples. Reforms to the trading system can lessen the collective-action problem among poor countries, increasing their freedom to pursue policy that better serves the interests of their people.
International Trade and Policies for Genetically Modified Products
by Vittorio Santaniello Robert E. EvensonThere are a number of controversial issues that surround agricultural biotechnology and genetically modified products. International trade and policies are at the forefront of these controversies. This book addresses these issues and has been developed from a meeting of the International Consortium on Agricultural Biotechnology Research, held in Revello, Italy, in July 2004. It covers five themes: analytical studies, empirical trade studies, spillover dimensions, intellectual property rights and applied general equilibrium trade models.
International Trade and Sustainability: Perspectives from Developing and Developed Countries
by Rafael Leal-ArcasThis book examines how international trade can be utilised to build a sustainable future. It highlights how international trade and climate regimes can work together to put in place a Green New Deal. The potential of mega-regional trade agreements to aid climate change mitigation and power the energy transition is explored in relation to the energy section, with a particular focus on clean technology. Broader perspectives are provided by an analysis of international trading systems in the Caribbean and Pacific Islands and a review of climate change law and policy in Brazil, Russia, India, and China. This book aims to provide an interdisciplinary understanding of how green trade can be achieved. It will be relevant to researchers and policymakers interested in international trade and environmental economics.
International Trade and the Protection of the Environment
by Simon BaughenAnalyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century.This book asks the questions does the treatment of ‘measures tantamount to expropriation’ have the capacity to lead to a ‘regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law?To answer them the author offers:an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech disputea comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rightsan analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Trot Claims Act 1789.Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law.
International Trade Disputes and EU Liability
by Anne ThiesThe European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity to maintain EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope of manoeuvre of the EU institutions on the international plane. Moreover, it places the issue in its broader context of the relationship between international and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.
International Trade, Investment, and the Sustainable Development Goals: World Trade Forum
by Cosimo Beverelli Jürgen Kurtz Damian RaessIn September 2015, world leaders adopted the 2030 Agenda for Sustainable Development. The Sustainable Development Goals (SDGs) represent a distinctive approach to development that moves away from a narrow perspective on economic development to an integrative agenda that simultaneously pursues ecological, social and economic goals. Trade and foreign investment are important economic vectors through which many of these goals can be achieved. Much depends, however, on whether and how SDGs are incorporated in international trade and investment agreements, and in private or public sector initiatives. Policymakers are also confronted with the interdependence of the SDGs which raises difficult trade-offs between various Goals. The contributions in this book explore the penetration and trade-offs of the SDGs, drawing on a multi-disciplinary approach incorporating insights from economists, lawyers and political scientists. The book offers a valuable guide for scholars and policy makers in identifying and evaluating the complex challenges related to sustainable development.