China Africa Dispute Settlement

Author: Won Kidane
Publisher:
ISBN: 9789041136749
Format: PDF, Mobi
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This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.

Dispute Settlement at the WTO

Author: Gregory C. Shaffer
Publisher: Cambridge University Press
ISBN: 9781139493284
Format: PDF, ePub, Mobi
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This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

The Culture of International Arbitration

Author: Won L. Kidane
Publisher: Oxford University Press
ISBN: 0190667427
Format: PDF
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Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

International Business Law

Author: Mark Fenwick
Publisher: Bloomsbury Publishing
ISBN: 1509918078
Format: PDF, ePub, Docs
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This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

China Africa Relations in an Era of Great Transformations

Author: Li Xing
Publisher: Routledge
ISBN: 1317167341
Format: PDF, Kindle
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This collection juxtaposes a variety of approaches about China and Africa, and their interrelations seeking to go beyond early, simplistic formulations. Perspectives informed by Polanyi advance nuanced analysis of varieties of capitalisms and double-movements. It seeks to put contemporary China-Africa relations in critical, comparative context and in doing so, it will go beyond descriptions of inter-regional trade and investment, large- and small-scale sectors, to ask whether structural change is underway. Already it is apparent that the growing presence of China in Africa presents the latter with some novel options but whether these will generate a new embeddedness remains problematic. Highlighting the ’varieties of capitalisms’ in the new century, given the undeniable difficulties of extreme neo-liberalism in the US and UK by contrast, to the apparent ebullience of the emerging economies in the global South, this book examines such implications for international relations, international political economy, development studies and policies.

China s WTO Entry

Author: Chad Philips Bown
Publisher:
ISBN:
Format: PDF, Mobi
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This chapter assesses China's integration into the global trading system by examining areas of international political-economic "friction" associated with its increased trade. We use a number of newly constructed data sets to examine tensions associated with its rapidly increasing trade and the trade policy commitments that China and its trading partners have undertaken as part of its 2001 WTO accession. With respect to China's exports, we examine data on WTO members' use of antidumping and their discriminatory treatment of Chinese firms prior to and following accession. We conclude that the application of antidumping against China has become more discriminatory since its 2001 accession. Furthermore, evidence from a regression analysis rules out the theory that pre-accession discrimination is associated with foreign targeting of high import tariff Chinese products as a WTO accession negotiation strategy. We also provide evidence that WTO members are also discriminating against China's exports by substituting use of new import-restricting "China-safeguard" policy instruments. Next, with respect to China's imports, we examine data on China's antidumping use - now the WTO's fifth most frequent user of antidumping - by targeted sectors and countries. We also provide evidence from products within China's largest sectoral user of a positive relationship between the size of the accession year tariff liberalization and the subsequent resort to antidumping protection after accession. Finally, we examine China's experience in managing frictions associated with its growing role in world trade through formal WTO dispute settlement proceedings.

UNCLOS and Ocean Dispute Settlement

Author: Nong Hong
Publisher: Routledge
ISBN: 0415505275
Format: PDF, ePub, Docs
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"The adoption of United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has led to a period of relative stability in the law of the sea. The Convention offers a legal framework for the sustainable development of the oceans and its natural resources. However, especially in recent times there have been calls to amend the Convention due to some ambiguous provisions which are unable to address many contemporary maritime issues. This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines how the emphasis on sovereignty, contention on energy, significance of the geographic location, threat to maritime security, overlapping maritime claims caused by the new established maritime regimes authorized by UNCLOS are all sources of the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction. Nong Hong suggests practical mechanisms to solve the dispute and offers conclusions on the effectiveness of UNCLOS for settling disputes"--

Natural Resource Investment and Africa s Development

Author: Francis N. Botchway
Publisher: Edward Elgar Publishing
ISBN: 0857930400
Format: PDF, Kindle
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'This book makes a significant contribution to the literature on natural resource law and governance by engaging specifically with the issues arising in the African region. It covers a wide spectrum of issues that are key to the sustainable use of natural resources in the region, thus making it an important resource for anyone interested in natural resource governance and economic development in the African region.' – Philippe Cullet, University of London, UK This well-researched book covers a wide spectrum of important issues that are central to investment in natural resources and ultimately, economic development of Africa. Francis Botchway and the expert contributors analyse the relationships between good governance and resource management, as well as the existing commercial and financial agreements. The environmental implication of resource exploitation and the international dimensions of the industry are also explored in this insightful study. Each comprehensive and concise contribution highlights the importance of transparency and equity in investment and management of natural resources. Natural Resource Investment and Africa's Development is essential material for scholars and students of development, environmental law, international economic law and dispute resolution, as well as any international investor in natural resources.

Investor state Dispute Settlement and Impact on Investment Rulemaking

Author:
Publisher: United Nations Publications
ISBN: 9789211127201
Format: PDF, ePub, Mobi
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"As demonstrated by this paper, the experience with the investor-state dispute settlement of a number of countries (mostly in the Asia-Pacific region) appears to have influenced the development of new international investment agreements (IIAs) by those countries. Observing how previous IIAs were interpreted and applied by arbitral tribunals, their governments have come up with new provisions and new language, which address most of the problems that arose in the context of investment disputes."--Publisher description