Download or read book Extraterritoriality of EU Economic Law written by Nuno Cunha Rodrigues and published by Springer Nature. This book was released on 2021-10-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.
Download or read book Research Handbook on Unilateral and Extraterritorial Sanctions written by Beaucillon, Charlotte and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Global Justice State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Download or read book Extraterritoriality and International Bribery written by Branislav Hock and published by Routledge. This book was released on 2019-09-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.
Download or read book Extraterritoriality in East Asia written by Ireland-Piper, Danielle and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
Download or read book Practitioner s Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Download or read book Global Environmental Protection through Trade written by Barbara Cooreman and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.
Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Download or read book The Law of the List written by Gavin Sullivan and published by Cambridge University Press. This book was released on 2020-04-23 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing though the technology of the list is transforming international law, global security and the power of international organisations.
Download or read book NL ARMS Netherlands Annual Review of Military Studies 2021 written by Robert Beeres and published by Springer Nature. This book was released on 2022 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intro -- Foreword -- Contents -- Editors and Contributors -- 1 Introduction -- 1.1 Introduction -- 1.2 The Compliance and Integrity in International Military Trade (CIIMT) Master Programme -- 1.2.1 Focus of the MSc Programme on CIIMT -- 1.2.2 Learning Styles and Structure of the MSc Programme on CIIMT -- 1.3 Outline of NL ARMS 2021 -- References -- 2 Economics of Arms Trade: What Do We Know? -- 2.1 Introduction -- 2.2 Research Methodology -- 2.2.1 Scope -- 2.2.2 Selection -- 2.2.3 Research Synthesis -- 2.3 Weapons of Mass Destruction -- 2.3.1 Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements -- 2.3.2 Almost Nuclear: Introducing the Nuclear Latency Dataset -- 2.3.3 Research on Weapons of Mass Destruction: What Do We Know? -- 2.4 Major Weapon Systems -- 2.4.1 The Gravity of Arms -- 2.4.2 Arming the Embargoed -- 2.4.3 Arms Production, National Defence Spending and Arms Trade -- 2.4.4 Trading Arms and the Demand for Military Expenditure -- 2.4.5 Arm Your Friends and Save on Defence? -- 2.4.6 Network Interdependencies and the Evolution of the International Arms Trade -- 2.4.7 Research into Major Weapon Systems: What Do We Know? -- 2.5 Small Arms and Light Weapons -- 2.5.1 Weaponomics, the Economics of Small Arms -- 2.5.2 Research into Small Arms and Light Weapons: What Do We Know? -- 2.6 Dual-Use Goods -- 2.6.1 Exporting Weapons of Mass Destruction? -- 2.6.2 Taking a Walk on the Supply Side: The Determinants of Civil Nuclear Cooperation -- 2.6.3 Research into Dual-Use Goods: What Do We Know? -- 2.7 Analysis -- 2.8 Conclusion: An Agenda for Research -- References -- 3 Export Control Regimes-Present-Day Challenges and Opportunities -- 3.1 Introduction -- 3.2 Export Control Regimes -- 3.2.1 The Coordinating Committee for the Multilateral Export Controls -- 3.2.2 Regimes and Treaties -- 3.2.3 Characteristics Regimes.
Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by Oxford University Press. This book was released on 2011-07-14 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expanded version of author's thesis (doctoral)--University of Cambridge, 2010.
Download or read book Legal Imperialism written by Turan Kayaoğlu and published by Cambridge University Press. This book was released on 2010-04-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
Download or read book Economic Sanctions in International Law and Practice written by Masahiko Asada and published by Routledge. This book was released on 2019-11-07 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.
Download or read book Human Rights Unbound written by Lea Raible and published by Oxford University Press. This book was released on 2020-05-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.
Download or read book The Extraterritoriality of Law written by Daniel S. Margolies and published by Routledge. This book was released on 2019-03-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
Download or read book Courts without Borders written by Tonya L. Putnam and published by Cambridge University Press. This book was released on 2016-08-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
