International Economic Law eJournal最新文献_第2页

The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor 国际商事争议预防与解决组织:具有亚洲特色的争议解决全球实验室

International Economic Law eJournal Pub Date : 2021-01-05 DOI: 10.1017/aju.2020.82

Guiguo Wang, Rajesh Sharma

{"title":"The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor","authors":"Guiguo Wang, Rajesh Sharma","doi":"10.1017/aju.2020.82","DOIUrl":"https://doi.org/10.1017/aju.2020.82","url":null,"abstract":"The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117134152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Transnational Torts against Private Corporations: A Functional Theory for the Application of Customary International Law Post-Nevsun 针对私营公司的跨国侵权行为:后nevsun时代习惯国际法适用的功能理论

International Economic Law eJournal Pub Date : 2021-01-04 DOI: 10.2139/ssrn.3759432

Hassan Ahmad

{"title":"Transnational Torts against Private Corporations: A Functional Theory for the Application of Customary International Law Post-Nevsun","authors":"Hassan Ahmad","doi":"10.2139/ssrn.3759432","DOIUrl":"https://doi.org/10.2139/ssrn.3759432","url":null,"abstract":"After the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya, Canadian courts can, in theory, apply customary international law (CIL) to private corporate actors for the purposes of a transnational tort claim pursuant to allegations related to human rights and/or environmental harms. The Court found a tort claim grounded in CIL to be symbolically different than existing causes of action as it is of a public nature that tends to shock the conscience of humanity. To respect CIL’s distinct status, I argue Canadian courts should assert jurisdiction over a related tort claim in limited circumstances when a corporate defendant has behaved abroad like a state actor by discharging what were traditionally regarded as public functions vis-à-vis host state populations. Pursuant to what I term a ‘functional approach’, a corporate CIL tort would only be available in two discrete instances. In the first, a court would assess whether the corporation has become what Butler calls a ‘semi-state’ by displacing a failed or fragile host state government in the provision of, for instance, food, shelter, infrastructure, healthcare, and public security. In the second, a CIL tort would be available when an investor-state arrangement specifically concerns the provision of public goods and/or services to a host state population such as utilities, infrastructure, transportation, or immigration control. Applying a functional approach in this manner would avoid a dissonance post-Nevsun between CIL’s heightened status and the availability of a related tort on every occasion a corporate actor invests and subsequently commits harm abroad. It would also more closely align with U.S. jurisprudence as well as CIL’s historical understanding by international organizations and tribunals.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"207 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115917742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

General exceptions under the GATS - A Legal Commentary on Article XIV GATS GATS下的一般例外-对GATS第14条的法律评论

International Economic Law eJournal Pub Date : 2020-12-21 DOI: 10.2139/ssrn.3757464

Panos Delimatsis, Léo Gargne

{"title":"General exceptions under the GATS - A Legal Commentary on Article XIV GATS","authors":"Panos Delimatsis, Léo Gargne","doi":"10.2139/ssrn.3757464","DOIUrl":"https://doi.org/10.2139/ssrn.3757464","url":null,"abstract":"The general and specific obligations undertaken under the General Agreement on Trade in Services (GATS) by Members in relation to non-discrimination and market access and a level playing field in services, may under certain circumstances, considerably restrict the pursuit of equally legitimate, non-economic policy goals and competing public interests and values, such as public health, public order, safety, public morals or the environment. WTO law seeks to establish a proper balance between these different policy goals, notably through general exceptions applicable to all provisions and existing commitments under an agreement. Art. XIV GATS follows the model of Art. XX GATT 1994, and given that the case law relating to Art. XIV GATS is still in its infant stage, WTO adjudicating bodies have recourse to precedents developed under Art. XX GATT 1994, albeit taking into account the different structure and flexibility of the GATS and commitments made by Members. Nonetheless, the experience in case law is still limited and it is difficult to anticipate future needs or developments in appropriately shaping and construing Art. XIV GATS. Any such effort to interpret Art. XIV should bear in mind that it is arguably only when Members’ regulatory concerns are accommodated that they will be willing to engage in enhanced commitments to liberalize trade. Both the requirement of necessity or proportionality and the function of the chapeau protect Members from excessive and abusive recourse to exemptions for purely protectionist or rent-seeking reasons of a particular domestic service industry.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133469407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Operating Profitableness in Projects with Multiply IRR Values. Reconstruction of Sense 具有多重内部收益率的项目的经营盈利能力。感觉重建

International Economic Law eJournal Pub Date : 2020-12-03 DOI: 10.2139/ssrn.3742358

A. Zhevnyak

引用次数: 2

Defective Fundamentals of Pakistan's Foreign Exchange Law - Need to Switch from Controls to Liberalization in Order to Achieve Prosperity in the Era of Digital Trade 巴基斯坦外汇法律基础缺陷——需要从管制转向自由化，以实现数字贸易时代的繁荣

International Economic Law eJournal Pub Date : 2020-09-25 DOI: 10.2139/ssrn.3699163

Faisal Daudpota

{"title":"Defective Fundamentals of Pakistan's Foreign Exchange Law - Need to Switch from Controls to Liberalization in Order to Achieve Prosperity in the Era of Digital Trade","authors":"Faisal Daudpota","doi":"10.2139/ssrn.3699163","DOIUrl":"https://doi.org/10.2139/ssrn.3699163","url":null,"abstract":"Pakistan currently has a foreign exchange controls regime in the shape of Foreign Exchange Regulation Act, 1947 (FERA’47). In my humble view, FERA’47 is faulty and needs to be replaced with a new law for effective liberalization of forex market in Pakistan. The basic object of FERA’47, as a legacy legislation of WWII, was to restrict outflow of foreign exchange. However, in current times, with rapid developments in the field of trade, commerce and communication and with modern technology the world itself has become a global village and no country can prosper in isolation of others. Presently there is an ongoing fierce competition among various developed countries to attract foreign investment for the purpose of development. In such a situation the importance of creating a liberal environment to encourage inflow of foreign currency cannot be under stated. This article has been structured in seven parts as below. The first serves as the introduction to subject matter of this article; the second part provides a brief historical background leading to enactment of FERA’47; the third part identifies the current nature of FERA’47 as an offence creating penal statute that is not compatible to current global digital trade; the fourth part notes the dilemma as to halfhearted liberalization measures during the period of 1990s and 2000s; the fifth part brings home the point that liberalization is the need of the hour; the sixth part highlights the essential recommendations for forex liberalization; and the final seventh part serves as the conclusion to this article.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128191564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Enforcing Consumer and Capital Markets Law in the United States 执行消费者和资本市场法在美国

International Economic Law eJournal Pub Date : 2020-08-07 DOI: 10.1017/9781839700521.015

A. Schmitz

引用次数: 1

A Highway Across the Atlantic? Trade and Welfare Effects of the EU-Mercosur Agreement 跨越大西洋的高速公路?欧盟-南方共同市场协定对贸易和福利的影响

International Economic Law eJournal Pub Date : 2020-07-23 DOI: 10.2139/ssrn.3659242

Jacopo Timini, F. Viani

引用次数: 65

UNCITRAL and Investment Arbitration Reform: Matching Concerns and Solutions 贸易法委员会与投资仲裁改革:匹配的关切和解决办法

International Economic Law eJournal Pub Date : 2020-06-22 DOI: 10.1163/22119000-12340171

M. Langford, M. Potestà, G. Kaufmann-Kohler, D. Behn

引用次数: 8

Digital Trade in a Post-Pandemic Data-Driven Economy 大流行后数据驱动经济中的数字贸易

International Economic Law eJournal Pub Date : 2020-06-02 DOI: 10.2139/ssrn.3617251

Dan Ciuriak

{"title":"Digital Trade in a Post-Pandemic Data-Driven Economy","authors":"Dan Ciuriak","doi":"10.2139/ssrn.3617251","DOIUrl":"https://doi.org/10.2139/ssrn.3617251","url":null,"abstract":"The pandemic is impacting at a time of major transformational change in the global economy driven by the digital transformation, a decoupling between the United States and China, and the rise of populism. The massive economic shock of the pandemic is not only accelerating changes that were “in the works” but is also deflecting the evolution of the economy in new and unexpected directions by changing market evaluation of supply chain risks and raising national concerns about the robustness of domestic capacities for emergency response. Whether V-shaped, W-shaped, or Nike swoosh-shaped, the important issue is not so much when (and if) the global economy regains the heights of the pre-pandemic era, but where the recovery takes the global economy in terms of how and where work is done. A substantial part of the fixed capital stock will have to be written down or written off, including the backbone economic infrastructure; comparative advantage of nations will be reshaped by national investment strategies (which may include an accelerated adoption of green economy strategies to address climate change); and business strategies will evolve to take advantage of accelerated technological development and to respond to changing patterns of demand. These developments will naturally have major implications for the direction and structure of trade, both as regards traditional goods and services and the rapidly growing forms of digital and digitally enabled trade. The accelerated expansion of the latter forms also heighten the needs for trade governance reforms.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117053031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Vrijheid en bescherming van kwetsbare personen in het internationaal privaatrecht. (Freedom and Protection of Vulnerable Parties in Private International Law) 在国际私人航空公司，弗瑞杰海德(vrijhed)是一名优秀的荷兰人。(国际私法中弱势当事人的自由与保护)

International Economic Law eJournal Pub Date : 2020-05-09 DOI: 10.2139/ssrn.3592517

Veerle Van Den Eeckhout

{"title":"Vrijheid en bescherming van kwetsbare personen in het internationaal privaatrecht. (Freedom and Protection of Vulnerable Parties in Private International Law)","authors":"Veerle Van Den Eeckhout","doi":"10.2139/ssrn.3592517","DOIUrl":"https://doi.org/10.2139/ssrn.3592517","url":null,"abstract":"Dutch Abstract: In deze bijdrage worden enkele beschouwingen vanuit internationaal privaatrechtelijk perspectief geformuleerd omtrent “vrijheid” en vrijheidsbeperking. Gefocust wordt op de algemene dynamiek van voortschrijdende Europeanisatie van het ipr, met bijzondere aandacht voor diverse actuele thema’s, met name inzake arbeidsovereenkomsten, consumentenovereenkomsten en aansprakelijkheid van multinationals voor schending van mensenrechten cq milieuverontreiniging. Zowel directe als indirecte verschijningsvormen van vrijheid cq partijautonomie worden blootgelegd, daarbij de verhouding tussen vrijheid en bescherming van kwetsbare partijen in het ipr explorerend.English Abstract: In this contribution, a number of considerations are formulated from a Private International Law perspective about “freedom” as well as about restriction of freedom. The focus is on the general dynamics of the ongoing Europeanisation of PIL, particularly with attention to various topical issues, namely regarding employment contracts, consumer contracts, and non-contractual liability of multinationals for human rights violations and environmental pollution. Both direct and indirect manifestations of freedom cq party autonomy are exposed, exploring thereby the relationship between “freedom” and “protection of vulnerable parties” in Private International Law.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131525505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0