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The good health of its population is fundamental to a country's national interest. Regulation of these risk factors, however, presents particular challenges in the light of international trade law and international investment law, as policy interventions often seek behavioural change including...
Persistent link: https://www.econbiz.de/10012937897
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775
In this paper, we first identify in Part II the benefits of a common telecommunications market in Australia and New Zealand, before explaining in Part III the extent to which these two countries are already subject to obligations to liberalise telecommunications and harmonise associated...
Persistent link: https://www.econbiz.de/10012759632
Persistent link: https://www.econbiz.de/10012824287
The transfer of data across borders supports trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives...
Persistent link: https://www.econbiz.de/10012967992
This chapter discusses the main theories which attempt to explain the relationship between domestic and international law; how domestic courts and tribunals treat international law, including treaties and customary international law; and how international courts and tribunals treat domestic law
Persistent link: https://www.econbiz.de/10012970973
This chapter discusses what the sources of international law are and the methods by which they are created; how treaties provide a source of law; the requirements of customary international law; how general principles of law are used by international courts; the significance of judicial decisions...
Persistent link: https://www.econbiz.de/10012970974
Several States have terminated international investment agreements ('IIAs') in recent years — some alarmed at unexpected outcomes in certain investor — State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States' attempts to extinguish...
Persistent link: https://www.econbiz.de/10013006931
Democratic theory has been widely applied in the meta-context of the state, but may perhaps be just as validly applied at the micro-level of the firm. In order to justify such an extension, it is necessary to consider the fundamental values from which democracy derives at the state level, and...
Persistent link: https://www.econbiz.de/10013021563
Changes in the practice of law have increased the potential for conflict between the duties owed to former and current clients. In particular, the development of the mega-firm and increases in lawyer mobility have placed enormous pressure on the existing conflict rules. This article examines the...
Persistent link: https://www.econbiz.de/10013021565