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Journal articles on the topic 'International Law (excl. International Trade Law)'

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Published: 10 December 2022

Last updated: 28 January 2023

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1

Arifin, Zainal, Agus Suman, and Moh Khusaini. "Optimization of Selected Agricultural Export Commodities to Improve Indonesia's Weaponry Countertrade." International Journal of Criminology and Sociology 10 (April 30, 2021): 579–88. http://dx.doi.org/10.6000/1929-4409.2021.10.67.

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In an increasingly open global economy, international trade, including exports, is an inseparable part of economic activity between countries. This paper aims to analyze the choice of commodities that have the potential to encourage the implementation of defense equipment trade-in Indonesia along with some optimization efforts. Using the literature review and library research by exploring data of national agricultural export and arms trade, this article identifies selected commodities that have the potential to be exchanged with defense equipment in trade returns, and also attempts to optimize exports to encourage the implementation of trade returns themselves. The results showed that trade return is one of the schemes in international trade in the form of two-way sales. The weaponry system is a strategic product that is still imported by Indonesia from abroad so that it has the potential to be implemented in a trade return scheme. On the other hand, Indonesia is known to excel in agricultural products, especially the plantation subsector, and has succeeded in becoming the top exporters for many agricultural commodities in the global market.

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BRENTON, PAUL, CHRISTIAN SABOROWSKI, CORNELIA STARITZ, and ERIK VON UEXKULL. "Assessing the adjustment implications of trade policy changes using the Tariff Reform Impact Simulation Tool (TRIST)." World Trade Review 10, no. 2 (April 2011): 249–76. http://dx.doi.org/10.1017/s1474745610000509.

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AbstractTRIST is a simple, easy to use, country focused tool to assess the short-term adjustment implications of trade reform. It has been developed to improve the information available to policy makers in developing countries. It has the following key features: projections are based on revenues actually collected at the tariff line level rather than simply applying statutory rates, as in currently available tools; it is transparent, runs in Excel, with formulas and calculation steps visible to the user, and is open-source with users free to change, extend, or improve according to their needs; it has high policy relevance because it projects the impact of tariff reform on total fiscal revenue from imports (including VAT and excise taxes) and results are available at the product level so that sensitive products or sectors can be identified; the tool is flexible and can incorporate tariff liberalization scenarios involving any group of trading partners and any schedule of products. This paper describes the TRIST tool and provides a range of examples that demonstrate the insights that the tool can provide to policy makers on the short-term adjustment impacts of reducing tariffs.

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3

Chircop, Aldo. "Book Review: Shipping Law, International Trade Law, International Trade Law Statutes and Conventions 2011–2013." International Journal of Maritime History 25, no. 1 (June 2013): 383–86. http://dx.doi.org/10.1177/084387141302500150.

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4

Warburton, Christopher E. S. "International trade law and trade theory." Journal of International Trade Law and Policy 9, no. 1 (March 30, 2010): 64–82. http://dx.doi.org/10.1108/14770021011029618.

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5

Romanova, E. E. "“WTO Law”: Interconnection with International Law." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 115–24. http://dx.doi.org/10.17803/1994-1471.2022.137.4.115-124.

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Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of international law continue to discuss the law governing the activities of the World Trade Organization (WTO). WTO law is a set of agreements and annexes to them, protocols of accession, decisions of WTO bodies, which allows us to consider it a special treaty regime within the framework of international law. WTO law is not isolated, as it is implemented in accordance with the 1969 Vienna Convention on the Law of Treaties. This paper attempts to determine the place of WTO law in international law.

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6

Bridge, Michael. "International trade and transnational law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 9–34. http://dx.doi.org/10.5937/rkspp2002009b.

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This article deals with the globalisation of contract law. It begins with an historical survey before taking an inventory of the various types of uniform law. These range from 'hard' law, such as multilateral treaties, to 'soft' law, an expression that captures various non-binding instruments that can usefully be employed by contracting parties and sovereign states. These include contractual standard terms (e.g. Incoterms 2020) and standard form contracts (e.g. ISDA contracts), as well as UNCITRAL model laws. The influence of national law in the globalisation process is noted, whether it takes the form of influencing the laws of other states or provides input into the creation of uniform law. The UN Convention on the International Sale of Goods (CISG) is examined at key points with reference to the influence exerted by the civil law and the common law in its creation. The importance of maintaining the uniform character of the CISG is underlined. Finally, the role played by the UNIDROIT Principles of International Commercial Contracts (PICC) is also examined.

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7

KWON, Hyunho. "Digital Trade and International Law." Institute of Legal Myongji University 20, no. 2 (January 31, 2022): 32–59. http://dx.doi.org/10.53066/mlr.2022.20.2.32.

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8

KWON, Hyunho. "Digital Trade and International Law." Institute of Legal Myongji University 20, no. 2 (December 31, 2021): 31–58. http://dx.doi.org/10.53066/mlr.2022.20.2.31.

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9

de Ly, Filip, and H. van Houtte. "The Law of International Trade." American Journal of Comparative Law 44, no. 3 (1996): 529. http://dx.doi.org/10.2307/840500.

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10

Bilová, Štĕpánka. "English for International Trade Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 27–41. http://dx.doi.org/10.2478/slgr-2014-0030.

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Abstract The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions. In the paper I would like to share the ideas and experience from re- designing the syllabus for this course of English for international trade law. I describe the process from the original syllabus to a new one in which the teaching situation and students’ needs are taken into account. The course in- tends to include both product and process oriented goals and helps to improve general professional needs. In order to cover the field specific vocabulary, language practice and soft skills development within the above mentioned limited time frame, the students need to work both before and after the classes. The course is going to be piloted this year and we expect further modifications after its evaluation.

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11

Haseeb Ansari, Abdul, and Sri Wartini. "Application of precautionary principle in international trade law and international environmental law." Journal of International Trade Law and Policy 13, no. 1 (March 11, 2014): 19–43. http://dx.doi.org/10.1108/jitlp-04-2013-0006.

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Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.

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12

Carter, Barry E. "International Trade Law: Where Congress Has, Somewhat Hesitantly, Bought into International Law." Proceedings of the ASIL Annual Meeting 92 (1998): 335–37. http://dx.doi.org/10.1017/s0272503700058146.

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13

Ashiquzzaman, Md. "A Review of International Trade Law." International Journal of Tax Economics and Management 1, no. 2 (December 31, 2018): 45–69. http://dx.doi.org/10.35935/tax/12.6945.

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International trade law refers to the import and export of goods and other things between the two countries. For international trade, it is a very important matter in the business sector to know and observe international trade law in details. In this article we will discuss international trade and international trade law. Which is a very important issue in international trade. The aim of this article was to try to discuss all of the international trade issues. This is just a general review of the different aspects of international trade. There can be different laws or customs for a country or a government about international trade that are not discussed here.

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14

Petersmann, Ernst-Ulrich. "International Trade Law and International Environment LawPrevention and Settlement of International Disputes in GATT." Journal of World Trade 27, Issue 1 (February 1, 1993): 43–81. http://dx.doi.org/10.54648/trad1993003.

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15

Delimatsis, Panagiotis. "The Fragmentation of International Trade Law." Journal of World Trade 45, Issue 1 (February 1, 2011): 87–116. http://dx.doi.org/10.54648/trad2011004.

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The fragmentation of general international law is not a new phenomenon. Nevertheless, it is a sign of our era and essentially results from the legal pluralism that characterizes it. Increasing adjudication also makes the study of this concept even more fascinating. The phenomenon of fragmentation manifests itself with particular tension in international trade law. Private interests and commercial transactions can be irreversibly affected by the absence of legal security or, worse, by the existence of contradictory rulings delivered by adjudicating bodies, which constantly compete for increasing jurisdiction and thus influence. This article reviews the discussion of fragmentation of international law and critically analyses the problem of absence of coherence in regulating trade. By focusing on adjudication, permissible sources of law, and interpretation, it argues for more openness towards non-trade law when interpreting trade rules.

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16

Fiebig, Andre. "International Trade and U.S. Antitrust Law." World Competition 31, Issue 1 (March 1, 2008): 146–48. http://dx.doi.org/10.54648/woco2008011.

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17

Horváthy, Balázs. "International Trade Law and Emerging Technologies." Bratislava Law Review 4, no. 2 (December 31, 2020): 9–20. http://dx.doi.org/10.46282/blr.2020.4.2.201.

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The paper aims to establish a conceptual framework for a relation between technological development and the international trade law. Uncovering the complex interaction between these two areas of the social reality is important today, when we are witnessing an intense period of technological revolution, which transforms not only the trade, but also the whole economy, and at the same time, it also creates challenges to the international trade law. The paper sheds light on the background of these processes and offers an introductory analysis with the aim of mapping the topic and the relevant literature. For this reason, the paper examines the roots of this context, and tries to respond the questions, what are the main challenges this revolution poses to international trade law, and how this area of law can rely upon its infrastructure to respond these challenges.

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18

Desai, Nishith. "International Trade Law: The Indian Perspective*." International Journal of Legal Information 36, no. 2 (2008): 351–63. http://dx.doi.org/10.1017/s0731126500003127.

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19

Cohen, Harlan Grant. "What Is International Trade Law For?" American Journal of International Law 113, no. 2 (April 2019): 326–46. http://dx.doi.org/10.1017/ajil.2019.4.

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20

Van den bergh, Caroline. "Reciprocity Clause and International Trade Law." Journal of Energy & Natural Resources Law 27, no. 2 (May 2009): 228–57. http://dx.doi.org/10.1080/02646811.2009.11435214.

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21

Florea, Dumitriţa, and Narcisa Galeş. "Franchise Contract in International Trade Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 12–22. http://dx.doi.org/10.18662/eljpa/9.2/178.

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The international contract is of interest to all states because of its value. It represents a way in which international exchanges can be realized, its role in international economic relations giving the parties the opportunity to use the advantages of arbitration and autonomy of will. The main legal instrument used to promote international relations is the contract. Compared to other fields, the legal relationships resulting from contracts are numerous and frequent. International trade contracts are distinguished by certain particularities, because according to their nature, they constitute a form of contracts regarding commercial activity. However, international trade contracts, compared to domestic contracts, do not remain subject to national law and differ from them by the existence of specific elements of internationality. An important moment in the existence of a contract is that of formation. All aspects related to the formation of contractual relations are influenced by the exact knowledge and correct application of the practice of concluding the contract. International trade contracts differ from commercial contracts concluded between participants in domestic trade by means of the extraneous element it contains, an element that, together with the commerciality element, delimits the international trade contract from the other contracts that are regulated by the rules of general law. From the category of contracts that are part of the field of international trade law, the franchise contract has had a rapid evolution, having the ability to adapt and introduce new services, products and techniques to the market, the extent of which has taken over time having practically no tendency to decrease nowadays, more and more merchants end up concluding such contracts. Thus, the franchise contract is both a relatively safe and cheap method of obtaining profit, as well as the most agreeable tool of globalization, attributed to the current consumer society.

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22

Kim, Doo Su. "Position of EU Food Law in International Trade Law." Journal of international area studies 16, no. 2 (July 31, 2012): 37. http://dx.doi.org/10.18327/jias.2012.07.16.2.37.

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23

Guillaume, Gilbert. "Terrorism and International Law." International and Comparative Law Quarterly 53, no. 3 (July 2004): 537–48. http://dx.doi.org/10.1093/iclq/53.3.537.

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On 11 September 2001 commercial passenger jets hijacked by suicide commandos were flown into the Twin Towers of the World Trade Center in New York. As the Towers imploded and collapsed, the death of several thousand people was witnessed live on television screens throughout the world. Those attacks, together with that on the Pentagon and the failed attempt that ended in Pennsylvania, aroused profound indignation and led to immediate reactions against the perpetrators or their protectors and sponsors, and more generally against international terrorism.

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24

Harpaz, Guy. "Labelling Settlement Products: When EU Consumer Law Meets Public International Law (But Ignores International Trade Law)." Journal of World Trade 55, Issue 2 (April 1, 2021): 359–82. http://dx.doi.org/10.54648/trad2021014.

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How should products produced in occupied territories be labelled for export? In recent years, Courts in the UK and Canada addressed this technical yet politically-charged question, in the context of the Israeli-Palestinian conflict. More recently, the Court of Justice of the EU was asked to determine the mandatory requirements under EU consumer law of indication of origin of products produced in settlements situated in territories occupied by the State of Israel, namely the Golan Heights, theWest Bank and East Jerusalem. In Organisation juive européenne the Court of Justice established that although EU consumer law refers to the need to supply information regarding the country of origin or the place of provenance, those provisions should be interpreted as requiring that foodstuffs originating in an occupied territory must bear not only the indication of that territory but also the indication of that provenance (i.e. indication that it comes from an ‘Israeli settlement’). In imposing broad labelling requirements, the Court heavily relied on both the notion of ‘ethical considerations’ under EU consumer law and on international law, boldly addressing some of the contentious legal and political issues at stake. In adopting this approach, the Court contributed to the harmonious reading of EU consumer law and public international law. Yet its heavy reliance on public international law should be contrasted with its failure to rely on international trade law, a neglect that contributed to selective and discriminatory treatment of Israeli settlement products. Moreover, in imposing broad labelling requirements, the Court shifted its focus from the EU and its Member States to the ultimate EU consumers, thereby advancing the private enforcement of international law in lieu of public enforcement. settlement products; interface between public international law and international trade law, EU-Israel relations

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25

de Ly, Filip, and Roeland Bertrams. "Bank Guarantees in International Trade." American Journal of Comparative Law 39, no. 4 (1991): 819. http://dx.doi.org/10.2307/840743.

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26

Akmam, Noor Rashid Mir, and Siti Nursyakirah Yuslan. "INTERNATIONAL LAW OF SMUGGLING." International Journal of Law Reconstruction 3, no. 2 (September 22, 2019): 96. http://dx.doi.org/10.26532/ijlr.v3i2.7792.

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Smuggling is the act of carrying goods or people illegally and hidden, like out of a building, into jail, or through of border, Contrary to the law or other regulations. Smuggling encouraged various reasons. These include illegal trade, such as drugs, Immigration and illegal migration, avoid excise, Smuggling of illegal goods to prisoners, or smuggling stolen goods. Another example is the financial motive for it is not like bringing banned items past a security checkpoint (as in airfield) or removal of confidential documents from the state or government officials. Type the smuggling of goods, people and wild creatures.

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27

Gagliani, Gabriele. "Cybersecurity, Technological Neutrality, and International Trade Law." Journal of International Economic Law 23, no. 3 (May 30, 2020): 723–45. http://dx.doi.org/10.1093/jiel/jgaa006.

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ABSTRACT There have already been several studies focusing on cybersecurity and international trade but the intersection between the two is multifaceted and can be approached from several viewpoints. This article focuses on cybersecurity and international trade from the specific perspective of technological neutrality. Although technological neutrality is recognized with different degrees of intensity both under World Trade Organization Covered Agreements and free trade agreements in a diverse range of fields (such as trade in services, technical barriers to trade, or intellectual property), its status in international trade law is unclear. In this uncertain context, it is argued here, technological neutrality has the potential of expanding the scope of trade obligations unpredictably. As a result, in the face of pressing cybersecurity concerns, technology-related trade measures risk to constantly violate trade obligations, making the trade-cybersecurity relationship even more complicated. The possibility to clarify the status of technological neutrality and the scope of technology-neutral provisions is chief among the solutions proposed in this article. Additionally, this article suggests for States either to be compensated when a trade-restrictive cybersecurity measure affects them, or to consider adopting a waiver in the field of technology, similar to what has been carried out in other areas.

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28

Ofodile, Uche Ewelukwa. "The Past and Future of African International Law Scholarship: International Trade and Investment Law." Proceedings of the ASIL Annual Meeting 107 (2013): 194–98. http://dx.doi.org/10.5305/procannmeetasil.107.0194.

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29

Divljak, Drago. "National treatment in international trade: National law and international standards." Zbornik radova Pravnog fakulteta, Novi Sad 48, no. 3 (2014): 139–52. http://dx.doi.org/10.5937/zrpfns48-7291.

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30

Garcia, Frank J., Lindita Ciko, Apurv Gaurav, and Kirrin Hough. "Reforming the International Investment Regime: Lessons from International Trade Law." Journal of International Economic Law 18, no. 4 (December 2015): 861–92. http://dx.doi.org/10.1093/jiel/jgv042.

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31

Petrova Georgieva, Virdzhiniya. "Trump’s Foreign Policy and International Trade Law." Anuario Mexicano de Derecho Internacional 1, no. 20 (April 2, 2020): 687. http://dx.doi.org/10.22201/iij.24487872e.2020.20.14494.

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Donald Trump ha orientado su política exterior hacia dos objetivos económicos principales en materia de comercio exterior. El primero consiste en luchar por un fair trade que reequilibre la relación comercial de Estados Unidos con sus socios comerciales, a través de una lógica que privilegie a los intereses estadounidenses por encima de la búsqueda de intereses comunes. En virtud del segundo objetivo se busca frenar la des-localización de actividades productivas de Estados Unidos para impulsar la creación de nuevos empleos y estimular el crecimiento de la economía interna. Estos dos objetivos de la política exterior de Trump han sacudido profundamente los pilares más fundamentales del derecho del comercio internacional: un conjunto normativo, construido después de la Segunda Guerra Mundial para dar sustento jurídico a las relaciones económicas del nuevo orden internacional liberal. En primer lugar, el neoproteccionismo de la política exterior de Trump constituye una contestación frontal del libre comercio como paradigma dominante del derecho del comercio internacional. En segundo lugar, el confirmado bilateralismo de dicha política es el exacto opuesto del multilateralismo, promovido por las normas e instituciones de la regulación jurídica del comercio internacional. Tanto el neoproteccionismo como el bilateralismo manifiestan la existencia de una crisis más profunda de la cooperación entre Estados en el orden internacional liberal de la posguerra.

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32

Fischer, Roswitha. "Semiotics of International Law. Trade and Translation." Archiv des Völkerrechts 49, no. 3 (2011): 339. http://dx.doi.org/10.1628/000389211797917529.

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33

Heiskanen, Veijo. "The Regulatory Philosophy of International Trade Law." Journal of World Trade 38, Issue 1 (February 1, 2004): 1–36. http://dx.doi.org/10.54648/trad2004001.

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34

Gerber, David J., and Mitsuo Matsushita. "International Trade and Competition Law in Japan." American Journal of Comparative Law 44, no. 1 (1996): 175. http://dx.doi.org/10.2307/840526.

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Trimble, Phillip R., John H. Jackson, Jean-Victor Louis, and Mitsuo Matsushita. "International Trade and the "Rule of Law"." Michigan Law Review 83, no. 4 (February 1985): 1016. http://dx.doi.org/10.2307/1288794.

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36

Cottier, Thomas. "The Changing Structure of International Trade Law." Zeitschrift für europarechtliche Studien 21, no. 4 (2018): 421–36. http://dx.doi.org/10.5771/1435-439x-2018-4-421.

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37

Martonyi, János. "Multilateralism and regionalism in international trade law." Hungarian Journal of Legal Studies 58, no. 4 (December 2017): 384–91. http://dx.doi.org/10.1556/2052.2017.58.4.2.

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Sapsin, Jason W., Theresa M. Thompson, Lesley Stone, and Katherine E. DeLand. "International Trade, Law, and Public Health Advocacy." Journal of Law, Medicine & Ethics 31, no. 4 (2003): 546–56. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00122.x.

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Public Health Science and practice expanded during the course of the 20th century. Initially focused on controlling infectious disease through basic public health programs regulating water, sanitation and food, by 1988 the Institute of Medicine broadly declared that “public health is what we, as a society, do collectively to. assure the conditions for people to be healthy.” Commensurate with this definition, public health practitioners and policymakers today work on ;in enormous range of issues. The 2002 policy agenda of the American Public Health Association reflects positions on genomics’ role in public health; national health and safety standards for child care programs; sodium in Americans’ diets; the health and safety of emergency rescue workers; and war in Central Asia and the Persian Gulf.

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39

Uva, Mary Deery, and Jane Bloom. "Law: Exporting Pollution: The International Waste Trade." Environment: Science and Policy for Sustainable Development 31, no. 5 (June 1989): 4–44. http://dx.doi.org/10.1080/00139157.1989.9928938.

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40

Hamilton, Stephen F., and Kyle Stiegert. "Vertical Coordination, Antitrust Law, and International Trade." Journal of Law and Economics 43, no. 1 (April 2000): 143–56. http://dx.doi.org/10.1086/467450.

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41

Gourgourinis, Anastasios. "Domestic Investment Incentives in International Trade Law." World Trade Review 22, no. 1 (January 13, 2023): 35–54. http://dx.doi.org/10.1017/s147474562200043x.

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AbstractDomestic Investment Laws (DILs), a prominent tool of contemporary unilateral International Economic Law (IEL) in the context of the Liberal International Order (LIO), consistently provide for investment incentives as a key aspect of domestic industrial policies geared to influence investment location decisions. The various types of investment incentives include fiscal measures to attract investment, direct subsidies, and other regulatory measures aimed at creating favorable administrative and regulatory conditions for investment. This article analyzes how the provisions of the World Trade Organization (WTO) Agreements contain basic disciplines and set limitations for the distortive effects of investment incentives. It is argued that the relevance of WTO law for domestic investment incentives should not be under-stated; rather, DILs providing investment incentives should be treated as a limited exception to the ongoing move from international to domestic in the era of the LIO.

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42

Hart, Michael, and Ramesh Chaitoo. "Electronic Commerce and International Trade Rules." Journal of World Intellectual Property 2, no. 6 (November 1, 2005): 911–37. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00099.x.

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43

Zamora, Stephen, Ernst-Ulrich Petersmann, and Gunther Jaenicke. "Adjudication of International Trade Disputes in International and National Economic Law." American Journal of Comparative Law 40, no. 3 (1992): 755. http://dx.doi.org/10.2307/840599.

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44

Puig, Sergio. "Debiasing International Economic Law." European Journal of International Law 30, no. 4 (November 2019): 1339–57. http://dx.doi.org/10.1093/ejil/chaa001.

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Abstract A flourishing number of bodies evaluate the conduct of government officials against broad standards, decide complex questions of scientific probity and calculate the present value of past decisions. The effects of implicit biases (systematic patterns of deviation from rationality in judgment) impact the assessment of these issues, which are central to international economic law. Such effects are well understood by psychologists and increasingly confirmed by experiments involving legal actors, including judges. In this article, I provide three concrete examples of implicit biases affecting international tax, trade and investment adjudication, and I call for the incorporation of mechanisms to overcome such biases as well as their strategic exploitation by litigants. At a conceptual level, I propose a typology to think of ‘debiasing tools’ for international adjudication – mechanisms that can act as a centrepiece of coordination of information rather than mere inoculants of the habits of mind on adjudicators. At a normative level, I pose that biases may impact confidence in dispute settlement systems and that both concerns for sovereignty and a predilection for negotiated solutions make international economic law ripe for testing these interventions.

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Petersmann, Ernst-Ulrich. "“FRAGMENTATION” OF INTERNATIONAL LAW AS A STRATEGY FOR REFORMING INTERNATIONAL INVESTMENT LAW." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 49–68. http://dx.doi.org/10.1163/22116133-90230037.

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International economic law (IEL) continues to evolve through dialectic processes of unilateral, bilateral, regional and worldwide regulation aimed at protecting cosmopolitan rights and transnational rule of law in mutually beneficial economic cooperation among citizens in a globalizing economy (section 1). The more transnational protection of cosmopolitan rights (e.g., human rights, trading, investor and social rights) depends on multilevel cooperation among national and international courts, the stronger becomes the need for justifying “multilevel judicial governance” by conceptions of “cosmopolitan” and “constitutional justice” rather than only by “Westphalian justice” and “commutative justice”, as reciprocally agreed in treaties among States (section 2). “Fragmentation” of “IEL among States” through multilevel economic regulation and adjudication (e.g., inside free trade areas and economic communities) is a necessary strategy for reforming international law for the benefit of citizens. In order to remain legitimate and reconcile the rational self-interests of citizens with their reasonable common interests, investment arbitration must remain embedded into multilevel human rights law and respect for legitimate “constitutional pluralism” protecting cosmopolitan rights, transnational “participatory” and “deliberative democracy” and rule of law through “consistent interpretations” and “judicial comity” among national and international courts of justice (section 3).

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Einhorn, Talia. "Reconciling Israeli Antidumping Law With WTO/GATT International Trade Law Rules." Israel Law Review 32, no. 1 (1998): 81–138. http://dx.doi.org/10.1017/s0021223700015600.

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Dumping is defined, basically, as the sale of goods to an export market at a price below that charged for comparable goods in the exporter's home market. The General Agreement on Tariffs and Trade (GATT) does not forbid such action, not even when injurious to the competing domestic industry. However, it has taken the view that dumping constitutes an unfair trade practice. Under GATT, Article VI Contracting Parties (or Members, as they are now termed in the GATT 1994 Agreements) are authorized, as an exception to other GATT obligations, to unilaterally impose antidumping (hereinafter: AD) duties to counteract the effects of dumping. The duties should create a level playing field in which producers all over the world will be able to compete fairly with each other. The principles sound simple and straightforward, yet their application is one of the most contentious topics in international trade law.The economic coherence of AD rules is controversial. In international trade, price discrimination between national markets is typically made possible when the exporter has a powerful position in the home market and re-exportation to that market is not feasible. In the domestic arena price discrimination is countered by the laws of competition and antitrust. International trade law offers states a very different remedy, that first and foremost protects the competing local industry, regardless of the procompetitive or anticompetitive effects of dumping on the market as a whole.

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Kaprolli, Fjolla. "INTERNATIONAL TRADE MEDIATION AS A METHOD OF DISPUTE RESOLUTION IN INTERNATIONAL LAW." Knowledge International Journal 28, no. 6 (December 10, 2018): 2019–25. http://dx.doi.org/10.35120/kij28062019f.

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In today's conditions, where economies have open doors all over the world and which conditions operate in the global marketplace, a very important and significant place takes the international trade and the discipline that deals with the study of norms that regulate the way of acting in the international trade for the exchange of goods and services is the International Trade Law. As a result of the liberalization of the world market and as a result of the large number of international trade exchanges of goods and services, the progress and development of enterprises in the national economy, along with the development and advancement of the national economies of the states, proportionally are increasing the importance of this legal discipline. With the exchange of goods and services between subjects in a commercial relationship whether it is a national or international trade exchange and without taking into account the purpose which is to be achieved in that particular commercial relationship, whether it is the sale or purchase of services or goods, are intended to increase their capital. But these cases do not always end with the signing of the legal act and in doing so, with the exchange of goods or services which are the object of that legal act. In these cases, the risk for the appearance of any kind of disputes between the parties is really great. It is not accidental the attempt to escape international trade disputes, which is of common interest to the participants in such trade relations, so that there is as few as possible controversies and disputes between them. But in cases where the interests of buyers and sellers are contradictory, it is pointless to have no disputes at all, so since a dispute cannot be avoided in any way, the same should be resolved. Since judicial procedures in national legislation have a bad background regarding to the inefficiency of case solutions and their unnecessary extensions, theorists and practitioners in recent years have developed several alternative methods for more peaceful and faster solutions to disputes in general and international trade disputes in particular such as arbitration and mediation as two methods that are most important and most often used in practice. The object of this scientific paper firstly will be the elaboration of international trade disputes and then the resolution of disputes that arise in that field by alternative methods of dispute resolution with particular emphasis on the mediation. The implementation of mediation in the resolution of international trade disputes is of special importance for international trade law, it is voluntary and as such during dispute resolution, time is the first aspect and then comes money as the second aspect that are also saved during resolution of disputes through mediation, because mediation provides solution of disputes with small amount of expenses or sometimes it can be said that that amount of expenses look symbolic compared to court expenses.

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Anitei, Nadia-Cerasela. "REVIEW - EUROPEAN PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL RELATIONS." Jurnalul de Studii Juridice 16, no. 1-2 (November 23, 2021): 88–90. http://dx.doi.org/10.18662/jls/16.1-2/86.

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The reviewed book does not analyze all the provisions of European Private International Law, but only the relations between professionals in different fields and, tangentially, the relations of professionals with other categories of law subjects. This combination between aspects of international trade and the rules of European Private International Law is unique and very welcomed in the domestic legal landscape, especially since Carmen Tamara Ungureanu opts for issues that a lawyer faces daily, issues of current interest, particularly in the context of technological development and the European Union's choice and ambition to become a world leader in the digital economy.

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Cheng, Peicheng. "Settings in Trading Services International Economic Law." International Journal of Science and Society 1, no. 1 (June 17, 2019): 24–37. http://dx.doi.org/10.54783/ijsoc.v1i1.7.

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International trade, as one part of economic activity or business activities, in the last decade, has shown very rapid development, amid increasing business attention on global business activities. This phenomenon can be seen from the increased circulation of goods, services, capital and labor between countries, and the development of business activities through export-import relations, investment, service trade, licensing and franchising, intellectual property rights, and various other international types trading.

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Jalloh, Charles Chernor. "Regionalizing International Criminal Law?" International Criminal Law Review 9, no. 3 (2009): 445–99. http://dx.doi.org/10.1163/157181209x457956.

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AbstractThis article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous conflicts, could contribute significantly to the continent's fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.

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