The continuous application of Special Section 301 by the Office of the United States Trade Representative (USTR) undermines the rule of law as a fundamental principle of a multilateral system based on the sovereign equality of states and the respect for international law. Interference with...

Peasants and other people living rural areas are among the most vulnerable in the world. In 2015, an estimated of 736 million people in the world lived in extreme poverty, of which 589 million – 80 per cent – live in rural areas. Despite increasing urbanization in the last decades, almost 45...

Competition law and policy has become an important tool for countries to promote access to pharmaceuticals. How can countries design and enforce competition policies that are suitable to the particularities of developing countries? What are the main anti-competitive tactics in the pharmaceutical...

Environmental protection and the protection of human rights represent two fundamental policy objectives for the international legal system. These objectives are serviced by the international environmental regime, mostly comprising multilateral environmental agreements (MEAs), with the...

The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few...

Este documento, de carácter exploratorio, busca contribuir a la construcción de un marco analítico que permita profundizar en el estudio de las relaciones entrecruzadas entre migración y condición étnico-racial —que suelen redundar en prácticas racistas y xenofóbicas— y sus...

This chapter focuses on private firms' compliance with norms concerning transnational bribery. It begins with an overview of the regulatory context and obstacles to effective enforcement norms against transnational bribery. It then reviews how compliance is defined, how it ought to be defined,...

This paper highlights the complex and contested relationship between drugs and development policies globally. It uses a recent experience in Thailand to showcase the link between drugs and development policies while highlighting the difficult international terrain for forging a common United...

In order to function, the ethical norm creates a system, called and known as an ethical system. It is separated from the legal system, as the ethical norm is separated from other types of norms or law. The comparative model allows us to see to what extent there are common elements of...

Two recent decisions, one on each side of the Atlantic, threaten fragmentation and incoherence in the management of the financial distress of multinational enterprises. At the heart of both decisions lie two confusions: confusion between choice of bankruptcy law and choice of contract law; and...

Formal insolvency proceedings are usually characterised by adverse consequences on a broad range of stakeholders of the insolvent company. Affected stakeholders typically range from directors, shareholders, employees, counterparties, creditors to tort victims. Employees are usually regarded as...

An earlier version of this paper was presented at the occasion of the 40th Anniversary of the Baldy Center for Law and Social Policy at the University of New York at Buffalo, School of Law. In tribute to the legendary contributions by the Baldy Center and its members and affiliates over the...

This comment on Alan Sykes Article "Economic 'Necessity' in International Law" on AJIL UNBOUND discusses the application of necessity clauses from an economic perspective especially in light of the incentives of investors, who are the third party beneficiaries of the investment treaty/contract....

Political Economy (PE) has been used in the national realm to understand political outcomes, including laws and jurisprudence applied to all substantive matters. PE identifies the interests of relevant actors as well as the characteristics of the institutions through which they pursue their...

Introduction -- Origins and meaning of IUU fishing -- Rationale for an IUU fishing interpretive lens -- Compliance and state responsibility -- IUU fishing as compliance mechanism -- IUU fishing and state accountability -- IUU fishing as flag state accountability paradigm -- Conclusion.

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored,...

Part I: Economics of Artificial Intelligence -- E-Globalization & Digital Economy -- Management & Corporate Governance -- Artificial Intelligence Governance -- Risk Management Developments -- Al Risk Management -- Econometric Analysis On AI Economy -- Part II: Law of Artificial intelligence --...

Since June 2018 Australia and the European Union have been negotiating a Free Trade Agreement. This book offers insights from recognised experts in the field, from Australia, Europe and Asia, on the potential economic benefits to be reaped from greater economic openness. It addresses issues of...

Article 3 of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) requires each TFA member to issue advance rulings in a reasonable time that are binding on the applicant and the customs authorities of the issuing country. Such binding advance rulings cover, among other things,...

Hitherto, the ‘African part’ of the history of international law has often been limited to the (critical engagement with) ‘the acquisition of Africa’ since the 1880s and questions of ‘state succession’ and international borders following independence starting in the 1950s. In this...