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The main principles underlying the organisation of the global economy pre-date the Second World War, but mostly as ideas or policies, enshrined in domestic law, in international instruments of limited scope or in aborted attempts at designing far-reaching ones. The Second World War reset the...
Persistent link: https://www.econbiz.de/10012841648
The UK's Debt Relief (Developing Countries) Act 2010 aims to ensure that UK courts neither give nor enforce a judgment allowing recovery against Heavily Indebted Poor Countries (‘HIPC') on covered debts exceeding the amount calculated as sustainable under the HIPC Initiative.Some have objected...
Persistent link: https://www.econbiz.de/10013133528
What legal basis is there for retaliating against China’s exchange-rate policy? This column says that IMF rules are likely inadequate to rule against China, while its policy does not constitute a WTO-punishable export subsidy. It argues that exchange-rate conflicts should be handled by a...
Persistent link: https://www.econbiz.de/10014187580
Persistent link: https://www.econbiz.de/10014187670
UNCTAD's Draft Principles are an innovative set of best practices for sovereign borrowing and lending. Independent of the desirability of the Principles, it is important to consider whether they depart in important ways from the existing practice on sovereign lending and the resolution of...
Persistent link: https://www.econbiz.de/10014164531
This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...
Persistent link: https://www.econbiz.de/10014129931
The enormous leaps of growth and development experienced by Eastern and Southeast Asian states since the 1960s on account of their astonishing industrial development have led to concerns that a resulting global economic and political shift might favour the αPacific region± at the expense of...
Persistent link: https://www.econbiz.de/10014004370
This book offers a collaborative account of the profound impact and enduring questions surrounding the historic event known as Brexit, i.e. the United Kingdom’s decision to terminate its membership in the European Union in 2020. The book is a collection of thought-provoking contributions...
Persistent link: https://www.econbiz.de/10014345492
This chapter surveys some of the actors in sovereign debt restructurings. Millhouse’s quote above underscores the number and diversity of players in municipal insolvencies. Nevertheless, the number and heterogeneity of the actors involved in municipal and corporate bankruptcies pale in...
Persistent link: https://www.econbiz.de/10014345900
Foreign shareholders can avail themselves of legal protection under three different legal regimes: diplomatic protection, international investment law and international human rights law. Adopting a historic and comparative approach, this article tracks the faded role of diplomatic protection for...
Persistent link: https://www.econbiz.de/10014345901