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The European Court of Human Rights between Law and Politics
by Jonas Christoffersen & Mikael Rask MadsenThe European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
The Rio Declaration on Environment and Development: A Commentary (Oxford Commentaries on International Law)
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
The Rio Declaration on Environment and Development: A Commentary (Oxford Commentaries on International Law)
by Jorge E. ViñualesThe international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
The Politics of Justifying Force: The Suez Crisis, the Iraq War, and International Law
by Charlotte PeeversWhat are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of 'the international' and 'the domestic' in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the 'politics of justification', which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It provides a rich, detailed account of domestic British discourse in the crucial case studies of the Suez Crisis of 1956 and the Iraq War of 2003, making extensive use of archival material, newspaper and television reporting, Parliamentary debates, polling data, personal memoirs, and the declassified material provided to several Public Inquiries, including the Chilcot Inquiry. In light of these sources, it considers the concept of international law as a language and form of communication rather than a set of abstract norms. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics. This book will be illuminating reading for scholars and students the use of force in international law, historians, and media theorists.
Professional Police Practice: Scenarios and Dilemmas
This ground-breaking book offers a practitioner-oriented overview of professional standards in all aspects of policing. With a radical, scenario-based approach, featuring both the extraordinary and the seemingly mundane, it aims to capture some of the complexities and interpretations that form the basis of such professional standards in policing today. Awareness of professional ethics has become not only a central requirement of officers seeking promotion to the senior ranks, but also a necessity within the training framework of UK policing, so the editors have brought together contributions from both practitioners and academics in order stimulate debate and present contrasting views. Split into five parts, each begins with a realistic scenario posing a distinctive dilemma, not just ethical but also legal and political. Ranging from community policing and the use of intelligence to problems arising from the conduct of superiors, the scenarios invite the reader to place themselves in the midst of an acute policing dilemma and asks how they would navigate an appropriate path through it to a desirable end. As the reader considers such questions, contributions from police officers both in the UK and abroad, as well as academics connected to the policing world, offer personal and professional responses to the situation at hand - resulting in wildly differing but no less important opinions. Finally, each of the five parts concludes with commentary from the editors which, rather than offer solutions, seeks to frame both the scenario and response within a more neutral setting. Equally, and perhaps understandably, these commentaries also throw into sharp relief the plethora of opinions and perspectives that have yet to be addressed. Professional Police Practice represents a considered but innovative evaluation of the nature of professional standards within policing, using common, everyday dilemmas that any police officer would recognise. By drawing on a range of opinions, from different areas of policing and different jurisdictions, the editors hope to inspire a degree of reflection and self-examination in anyone, either within policing or connected to it, as they consider the dilemma and their own response to it, and challenge them to recognise similar difficulties in their own operational roles.
Philosophy of Law: A Very Short Introduction (Very Short Introductions)
by Raymond WacksThe concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The Oxford Handbook of Financial Regulation (Oxford Handbooks)
The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.
The Oxford Handbook of Financial Regulation (Oxford Handbooks)
by Niamh Moloney, Eilís Ferran and Jennifer PayneThe financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.
Money Market Funds in the EU and the US: Regulation and Practice
This book provides the first comprehensive examination of the regulation of the money market fund sector. In consideration of the current regulatory uncertainties in the sector, this book provides practical help to legal and market practitioners by setting out regulations governing money market funds in the EU and in the US. Providing a comparative approach, analyzing the regulatory environment in the EU and in the US, the book outlines what is required to determine portfolio management and regulatory compliance issues. In doing so, it determines whether a particular analytical approach is sufficiently credible vis-a-vis comparative benchmarks, which is increasingly pivotal in the contemporary setting of the global financial market. Contributing authors offer their interpretations of legal rules and relevant guidelines as well as commentaries, checklists, and practice examples. Divided into three parts; parts one and two cover money market fund development and regulation in the EU and in the US, respectively. Part three provides a comparative analysis of US and EU regulatory models, money market fund ratings, money market funds outside the US and EU and systemic risk regulation. Given the current issues surrounding money market fund regulation, this book is a vital and timely resource offering a comprehensive comparative analysis and rigorous account of money market funds on both sides of the Atlantic.
Private Foundations World Survey
Rooted in the civil law systems of continental Europe, where foundations originally served mainly charitable purposes, the private foundation is an innovative development in common law jurisdictions. More and more jursidictions are introducing private foundations as an alternative to trusts and practitioners are increasingly asked to advise clients on the intricacies of the developing law and the differences between jurisdictions. Private Foundations World Survey is the first survey book to consider comprehensively private foundations law and practice in each of the key jurisdictions. With a unique questionnaire format and summary factsheet for easy reference, it examines all the fundamental aspects of setting up and maintaining a private foundation, with reference to relevant legislation and case law. The two expert editors, along with a team of leading international practitioners, cover an exhaustive range of topics, including protectors, taxation, alternatives to private foundations, forced heirship, divorce, asset protection, and migration of private foundations as well as anti-money laundering and KYC requirements. Alongside 21 jurisdiction-specific chapters (which include jurisdictions where the law is still developing, as well as those with more established systems), the book contains general chapters on the uses of foundations and taxation issues in the UK and US. It thus provides readers with all the information they need to confidently assess and advise on any aspect of private foundations law.
Internet Governance by Contract
by Lee A. BygraveThis book presents a transnational and transsystemic perspective on the role of contract in Internet Governance, and considers parameters for assessing the utility and legitimacy of contracts in this context. Bygrave presents definitions and parameters of internet governance and the role of contract alongside examples of how these are used in the ever-changing internet world. He examines topical and well-known mediums such as Facebook in relation to their policies and online parameters. Taking into account legal developments across jurisdictions and within both common law and civil law systems, Bygrave explores the idea of the contract as the principal means of governing the virtual world.
Internet Governance by Contract
by Lee A. BygraveThis book presents a transnational and transsystemic perspective on the role of contract in Internet Governance, and considers parameters for assessing the utility and legitimacy of contracts in this context. Bygrave presents definitions and parameters of internet governance and the role of contract alongside examples of how these are used in the ever-changing internet world. He examines topical and well-known mediums such as Facebook in relation to their policies and online parameters. Taking into account legal developments across jurisdictions and within both common law and civil law systems, Bygrave explores the idea of the contract as the principal means of governing the virtual world.
Injustice in Person: The Right to Self-Representation
by Rabeea AssyIn common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Injustice in Person: The Right to Self-Representation
by Rabeea AssyIn common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Law and Morality at War (Oxford Legal Philosophy)
by Adil Ahmad HaqueThe laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
Law and Morality at War (Oxford Legal Philosophy)
by Adil Ahmad HaqueThe laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
Policing the Waterfront: Networks, Partnerships, and the Governance of Port Security (Clarendon Studies in Criminology)
by Russell BrewerLong recognised as a site where criminal elements have flourished, the waterfront has been exploited for centuries by opportunistic individuals for a whole raft of illicit purposes. Policing the Waterfront: Networks, Partnerships, and the Governance of Port Security is the first book of its kind to fully explore the intricacies of how crime is controlled on the waterfront, and in doing so, seeks to enhance current theoretical understandings of the policing partnerships that exist between state and non-state actors. Charting the complex configuration of security networks using a range of analytical techniques, this book presents new empirical data, which exposes and explains the social structures that enable policing partnerships to function on the waterfront. Particularly striking is the use of enhanced and adjusted theoretical discussions, to both shape and develop previous policing and security debates - resulting in a work that is both innovative and, yet, still routed in the traditions of empirical research. The analysis is achieved through a comparative research design, evaluating the narratives of both state and non-state security providers at the busiest ports in America and Australia: the Los Angeles/Long Beach Port Complex and the Port of Melbourne. Policing the Waterfront presents a rich and highly original account of the underlying structures that foster, facilitate, and enhance policing partnerships on the waterfront, and will be of interest to scholars in the fields of criminology, sociology, law, socio-legal and policy studies, as well as those researching and studying policing, regulation, security, mass transportation, and social capital.
The Oxford Handbook of International Adjudication (Oxford Handbooks)
The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings
by Gabriel Moss QC Ian Fletcher QC Stuart Isaacs QCThis practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.
Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings
by Gabriel Moss QC Ian Fletcher QC Stuart Isaacs QCThis practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.
International Financial Disputes: Arbitration and Mediation
This book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained. This is a key reference tool for all practising lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.
International Financial Disputes: Arbitration and Mediation
by Jeffrey Golden and Carolyn LammThis book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained. This is a key reference tool for all practising lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.
Securities and Capital Markets Law in China
by Robin HuangThis book presents a systematic and contextualised account of Chinese securities and capital markets law, giving readers nuanced and practical understandings of law and practice in this field in China. It is structured to cover topics specific to foreigner investors in China such as foreign investment enterprises and cross-border mergers and acquisitions in China. The cultural and political background to doing business in China is very significant when seeking to understand the current law in the country and it can be difficult to access information on that background. This book provides an explanation of the law and practice by setting the current law in the context of its development. Part I of the book provides an overview of the capital markets in China, a contextual discussion of the market development and its characteristics, and a critical analysis of the regulatory framework and possible reform routes. Part II is dedicated to the regulation of securities offerings and listings in China. It looks at both government approval requirements and information disclosure requirements. Part III addresses the securities enforcement structure comprising the government regulator and self-regulatory bodies such as stock exchanges. It examines various forms of market misconduct including market manipulation and insider training. Part IV focuses on mergers and acquisitions in China. It discusses domestic takeovers and cross-border mergers.
Securities and Capital Markets Law in China
by Robin HuangThis book presents a systematic and contextualised account of Chinese securities and capital markets law, giving readers nuanced and practical understandings of law and practice in this field in China. It is structured to cover topics specific to foreigner investors in China such as foreign investment enterprises and cross-border mergers and acquisitions in China. The cultural and political background to doing business in China is very significant when seeking to understand the current law in the country and it can be difficult to access information on that background. This book provides an explanation of the law and practice by setting the current law in the context of its development. Part I of the book provides an overview of the capital markets in China, a contextual discussion of the market development and its characteristics, and a critical analysis of the regulatory framework and possible reform routes. Part II is dedicated to the regulation of securities offerings and listings in China. It looks at both government approval requirements and information disclosure requirements. Part III addresses the securities enforcement structure comprising the government regulator and self-regulatory bodies such as stock exchanges. It examines various forms of market misconduct including market manipulation and insider training. Part IV focuses on mergers and acquisitions in China. It discusses domestic takeovers and cross-border mergers.
The Creation of States in International Law
by James R. CrawfordStatehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.