Culture and International Economic Law

Culture and International Economic Law
Author: Valentina Vadi,Bruno de Witte
Publsiher: Unknown
Total Pages: 258
Release: 2016-11-07
Genre: Culture and law
ISBN: 113828162X

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Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has¿an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ¿clash of cultures¿ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture¿related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.¿

Principles of International Economic Law

Principles of International Economic Law
Author: Matthias Herdegen
Publsiher: Oxford University Press
Total Pages: 493
Release: 2013-01-10
Genre: Business & Economics
ISBN: 9780199579860

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A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.

China s Influence on Non Trade Concerns in International Economic Law

China s Influence on Non Trade Concerns in International Economic Law
Author: Paolo Davide Farah,Elena Cima
Publsiher: Taylor & Francis
Total Pages: 548
Release: 2016-10-14
Genre: Law
ISBN: 9781317167204

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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Elgar Encyclopedia of International Economic Law

Elgar Encyclopedia of International Economic Law
Author: Thomas Cottier,Krista Nadakavukaren Schefer
Publsiher: Unknown
Total Pages: 720
Release: 2017
Genre: Foreign trade regulation
ISBN: 1784713538

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"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

At the Margins of Globalization

At the Margins of Globalization
Author: Sergio Puig
Publsiher: Cambridge University Press
Total Pages: 200
Release: 2021-05-13
Genre: Law
ISBN: 9781108497640

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This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.

Free Trade and Cultural Diversity in International Law

Free Trade and Cultural Diversity in International Law
Author: Jingxia Shi
Publsiher: Bloomsbury Publishing
Total Pages: 360
Release: 2013-04-30
Genre: Law
ISBN: 9781782251156

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This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Arbitration in China

Arbitration in China
Author: Kun Fan
Publsiher: Bloomsbury Publishing
Total Pages: 366
Release: 2013-02-11
Genre: Law
ISBN: 9781782250739

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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler

Culture and International Law

Culture and International Law
Author: Paul Meerts
Publsiher: Hague Academic Press
Total Pages: 266
Release: 2011-08-12
Genre: Law
ISBN: 9067046825

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Hague Academic Press, a T.M.C. Asser Press imprint How do different cultures deal with international law and how does international law influence the rules and regulations of these cultures? Is international law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? Above all, how do you define 'culture' and 'international law'? These important questions were asked at the Fourth Conference of the Hague Academic Coalition (HAC) (entitled 'From Peace to Justice') in April 2007. Valuable views, from different angles and perceptions, were presented and discussed. This book, in which questions, views and suggestions are brought together, intends to trigger an international debate and a search for clarity on these issues in the near future and is valuable for academics, international lawyers, judges, solicitors, political scientists, historians, diplomats and all those with an interest in cultures and international law.

Handbook on the Law of Cultural Heritage and International Trade

Handbook on the Law of Cultural Heritage and International Trade
Author: James A R Nafziger,Robert Kirkwood Paterson
Publsiher: Edward Elgar Publishing
Total Pages: 672
Release: 2014-04-25
Genre: Political Science
ISBN: 9781781007341

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øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law
Author: Xue Hanqin
Publsiher: Martinus Nijhoff Publishers
Total Pages: 288
Release: 2012-12-03
Genre: Law
ISBN: 9789004236134

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Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

International Economic Law

International Economic Law
Author: Leïla Choukroune,James J. Nedumpara
Publsiher: Cambridge University Press
Total Pages: 846
Release: 2021-07-22
Genre: Law
ISBN: 9781108423885

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An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

Economic Social and Cultural Rights in International Law

Economic  Social and Cultural Rights in International Law
Author: Manisuli Ssenyonjo
Publsiher: Bloomsbury Publishing
Total Pages: 800
Release: 2016-10-06
Genre: Law
ISBN: 9781509900831

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Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Cultural Heritage in International Investment Law and Arbitration

Cultural Heritage in International Investment Law and Arbitration
Author: Valentina Vadi
Publsiher: Cambridge University Press
Total Pages: 374
Release: 2014-03-13
Genre: Law
ISBN: 9781107038486

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Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

New Directions in International Economic Law

New Directions in International Economic Law
Author: Todd Weiler,Freya Baetens
Publsiher: BRILL
Total Pages: 612
Release: 2011-08-11
Genre: Law
ISBN: 9789004191426

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Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.

Cultural Products and the World Trade Organization

Cultural Products and the World Trade Organization
Author: Tania Voon
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2007-06-28
Genre: Law
ISBN: 9781139464833

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Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.