Il testo di International Business Law di Lucio Ghia si snoda su tre distinte direttrici. La prima si occupa delle grandi organizzazioni sovrannazionali – Nazioni Unite, Organizzazione Mondiale del Commercio, Fondo Monetario Internazionale, Banca Mondiale, ecc. - fornendone un sintetico profilo storico, funzionale e per quanto possibile prospettico, alla luce dei necessari adeguamenti conseguenti alle trasformazioni geopolitiche ed economiche verificatesi negli ultimi decenni. La seconda direttrice pone il lettore a contatto con gli strumenti d’indirizzo legislativo sovrannazionale - ben noti all’autore, da oltre dieci anni delegato italiano all’UNCITRAL, la Commissione permanente per il diritto commerciale internazionale delle Nazioni Unite – nonché, sul terreno dei grandi temi del diritto commerciale internazionale, con le problematiche concrete relative all’incontro tra impresa privata e Stato e/o controparti istituzionali estere quali soggetti contrattuali, trattato con ricchezza di approfondimenti e con rimandi alle fonti di diritto internazionale ed europeo, applicate all’esperienza pratica. La terza parte è infine dedicata ai contratti internazionali, alle loro specificità, alle insidie più frequenti, alle clausole da evitare o da favorire, illustrate da alcuni apprezzati protagonisti della negoziazione e della contrattualistica internazionale, in una prospettiva non solo dottrinale e/o massimalistica ma davvero utile professionalmente, grazie al taglio autenticamente pratico, legato alla vita degli affari societari e commerciali.

The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law.

Most books provide broad information of which you only remember 10%. This book displays exactly those 10% you should remember. This book is a practical handbook that summarizes and simplifies often dry and hard to handle theory on International Trade and Business Law. With an easy-to-understand language it makes reading easier. With practical examples it makes remembering easier. It covers the key essentials of both 1. primarily public law areas like International Law, International Investment Law, EU Competition Law and WTO Law including intellectual property. 2. primarily private law areas like Private International Law including the UN Sales Convention (CISG) and the UNIDROIT Principles of International Commercial Contracts. It moreover provides practical information on common practices in international business like the Uniform Customs & Practice for Documentary Credits (UCP 600) and on international contract clauses like the INCOTERMS.

'Bretton Woods' has become shorthand for the post-war international financial and economic framework. Mindful of the historic 1944 conference and its legacy for the discipline of international economic law, the American Society of International Law's International Economic Law Group (IELG) chose Bretton Woods as the venue for a landmark scholarly meeting. In November of 2006, a diverse group of academics and practitioners gathered to reflect on the past, present and future of international economic law. They sought to survey and advance three particular areas of endeavour: research and scholarship, teaching, and practice/service. This book represents an edited collection of some of the exceptional papers presented at the conference including contributions from Andreas Lowenfeld, Joel Trachtman, Amelia Porges and Andrew Lang. The volume is organised into three parts, each covering one of the three pillars in the discipline of international economic law: research and scholarship; teaching; and practice/service. It begins with an assessment of the state and future of research in the field, including chapters on questions such as: what is international economic law? Is it a branch of international law or of economic law? How do fields outside of law, such as economics and international relations, relate to international economic law? How do research methodologies influence policy outcomes? The second part examines the state and future of teaching in the subject. Chapters cover topics such as: how and where is international economic law taught? Is the training provided in the law schools suitable for future academics, government officials, or practitioners? How might regional shortcomings in academic resources be addressed? The final part of the book focuses on the state and future of international economic law practice in the Bretton Woods era, including institutional reform. The contributors consider issues such as: what is the nature of international economic law practice? What are the needs of practitioners in government, private practice, international and non-governmental organisations? Finally, how have the Bretton Woods institutions adapted to these and other challenges-and how might they better respond in the future? International Economic Law: The State and Future of the Discipline will be of interest to lawyers, economists and other professionals throughout the world-whether in the private, public, academic or non-governmental sectors-seeking both fresh insights and expert assessments in this expanding field. Indeed, the book itself promises to play a role in the next phase of the development of international economic law.

INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”

The Comparative Law Yearbook of International Business, in its 2007 edition, treats two major topic areas: litigation and dispute resolution and banking and finance. The litigation and dispute resolution section examines various issues relating to international arbitration, such as the status of non-signatories, the employment of electronic discovery, the use of expert evidence, and costs. It further surveys the recognition of enforcement of foreign judgments in Italy, developments in litigation in Australia, Anton Pilar Orders and Internet defamation, and Italian conflict-of-law rules. The banking and finance section of the Yearbook examines Austrian capital maintenance rules, bank secrecy in Israel, and broker-dealer and investment banking strategies. Miscellaneous articles deal with Mexicoand’s commercial bankruptcy law, Slovakiaand’s new bankruptcy legislation, trade marks and the Madrid Protocol, trade mark registration in Hong Kong, franchising in Italy, data protection, Spanish antitrust legislation, and cartel enforcement in Australia.

Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

Principles of International Economic Law gives a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. The book sets the classic topics of international economic law, WTO law, investment protection, commercial law, and monetary law in context with human rights, environmental protection, good governance, and the needs of developing countries. It thus provides a concise picture of the current architecture of international economic law. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context.

国家教育部新世纪网络课程建设工程项目商务英语系列课程教材

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS.