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The process of identifying and interpreting norms of customary international law, while appearing to be primarily based on an inductive analysis of state practice and opinio juris, is sometimes a deductive exercise based on logic and reason. Logic permeates every decision in international law....
Persistent link: https://www.econbiz.de/10013292525
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...
Persistent link: https://www.econbiz.de/10013036266
The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...
Persistent link: https://www.econbiz.de/10013214733
Issues of interpretation and application of international agreements in the e-commerce system is a highly topical issue. International legal regulation of e-commerce provides the reliability and safety of international electronic transactions, the distribution of which is now almost beyond...
Persistent link: https://www.econbiz.de/10012947831
A negotiator's Best Alternative to a Negotiated Agreement ("BATNA") is a key source of negotiating power. The BATNA concept was originally developed in the United States and has been exported to other countries through negotiation books and courses. But can negotiators legally rely on BATNA...
Persistent link: https://www.econbiz.de/10012950632
This paper will use the criteria outlined in Lavanya Rajamani's article 'Addressing the "Post Kyoto" Stress Disorder: Reflections on the Emerging Legal Architecture of the Climate Regime', as a template to determine how successful the Copenhagen Meeting was in achieving its stated goals. Thus,...
Persistent link: https://www.econbiz.de/10014176745
This article examines the international governance framework for labor migration and evaluates the roles of international organizations, and regional strategies, for cooperation on governance of labor migration in Southeast Asia. It focuses on the mandates and strategies used by the two key...
Persistent link: https://www.econbiz.de/10014176989
China has in the last decade and especially since its entry into the WTO made considerable efforts to improve its judicial system, perfectly aware of the necessity to provide a stable framework for foreign investment and economic growth. An important part of this reform is the development of...
Persistent link: https://www.econbiz.de/10014177286
Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...
Persistent link: https://www.econbiz.de/10014194824
Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...
Persistent link: https://www.econbiz.de/10014196348