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A Utopia or Reality: Possibility of Using the Proper Law of Contract throughout an International Commercial Arbitration Claim  [PDF]
Karawita Arachchige Akalanka Nuwan Thilakarathna
Beijing Law Review (BLR) , 2021, DOI: 10.4236/blr.2021.121001
Abstract: International commercial arbitration has become the most favoured method of dispute resolution in the international arena since it has the capability of providing a win-win situation for the parties involved in the dispute which is not available under ordinary litigation. However, since arbitration is a matter of choice for the parties, the concept of party autonomy sometimes makes the arbitration process a difficult one to be conducted with the vigor that is found under court proceedings. One main reason for this can be seen in the multiplicity of laws that are involved in settling the dispute from the agreement to arbitrate to enforcing the claim. This article therefore looks at the possibility of adopting the proper law of contract to be applied throughout the process of arbitration in settling the dispute. Using the doctrinal approach by using international legal instruments, statues and decided case law as primary sources and using scholarly articles and books written on the subject, the results have shown that, while being highly optimistic, such an endeavour is not still possible since there is no single international legal document which deals with the whole process of arbitration and in such an absence,？it seems difficult at the moment to use a single system of law throughout the arbitration process. Nevertheless, the article makes suggestions as to how such a mechanism could be implemented and the possible prospects and challenges in making this utopia a reality.
China Pakistan Economic Corridor (CPEC); Most Valuable Dream for Pakistan through Economic Integration in the Region but May Not Become True without Upgradation of Physical Infrastructure and Legal System!  [PDF]
Rohimi Shapiee, Rao Qasim Idrees
Beijing Law Review (BLR) , 2017, DOI: 10.4236/blr.2017.84027
Abstract: To achieve the goal of sustainable economic development of Pakistan through logistics arrangements in CPEC, this research paper identifies and analyses benefits of CPEC, and also examines and highlights the legal system of Pakistan and its associated deficiencies in this context. Furthermore, this research paper critically examines the present logistics arrangement between China and Pakistan with reference to trade in services commitments and their impacts on such agreement. Governance, law and policy issues towards achieving Sustainable Development Goals (SDGs) are also big concerns for Pakistan. This will raise diverse legal and policy issues hence create uncertainty and conflict of laws both domestic and internationally. These issues can be handled and solved through upgrading domestic transport and logistics laws and making them in line with international practice. Furthermore coordination and cooperation between local institutes and agencies is most important initiative to gain maximum benefits. Adoption and accession of international conventions of transport and logistics will also have key role to play for better results from CPEC. The current research is rested on qualitative and socio- legal methods of research whereby the authors opt for a qualitative research design as opposed to a quantitative one. The research design would be the analysis between road transport and logistics investment laws exists in Pakistan and Chinese model of logistics arrangement formulated in CPEC by both countries. This research paper will discuss these in detail. Firstly, China Pakistan bilateral trade relations and impacts on Pakistan economy. Secondly, CPEC transport and logistics investment in physical infrastructure in Pakistan. Thirdly, analysis of current rules and regulations applicable for China Pakistan bilateral trade and logistics arrangements. Fourthly, CPEC investment and future challenges for Pakistan and finally proposed comprehensive logistics investment framework agreement.
International Economic Law and Policy: A Comprehensive and Critical Analysis of the Historical Development  [PDF]
Mohammad Belayet Hossain, Saida Talukde Rahi
Beijing Law Review (BLR) , 2018, DOI: 10.4236/blr.2018.94031
Abstract: The aim of this article is to analyse the evolution of international economic law and its fundamental principles. It will examine the current framework of international economic law and the efforts made to regulate international economic relations between states as part of an attempt to establish a global order. It will begin by surveying efforts made prior to the establishment of the UN, and will then focus on developments that have taken place since the establishment of the UN. The objective of the article is to provide a comprehensive and critical appraisal of the law developed to govern economic relations between different states, and between states and private economic actors such as multinational enterprises.
A atua？？o internacional do Estado em benefício de interesses privados: uma análise jurídica da forma？？o da "micropolítica" externa
Moraes, Henrique Choer;
Revista Brasileira de Política Internacional , 2002, DOI: 10.1590/S0034-73292002000200006
Abstract: foreign policy formulation has often been overlooked by legal analysts. nevertheless, the increasing development of international trade law has put states in a position in which diplomacy mingles with defending the interest of domestic private parties who benefit from these rules. accordingly, foreign trade policy should be the outcome of a domestic dialogue between the government and private interested parties: in such a dialogue, legal norms play the pivotal role of allowing better control over foreign policy formulation. the article explores this argument from the perspective of both the access to world trade organization's dispute settlement body and the effects its decisions could engender to private parties.
Intellectual Property Rights and International Free Trade —New Jurisprudence of International Exhaustion Doctrine under Traditional Legal System
Chung-Lun Shen
Journal of International Commercial Law and Technology , 2012,
Abstract: The interaction between the exhaustion of intellectual property rights and the parallel importation has been being one of the most controversial issues under international intellectual property laws. Consequently, the main purposes of this article is to assure that intellectual property law—in particular, the exhaustion doctrine—is best fit to deal with the issue of the conflict between intellectual property rights and international free trade. Meanwhile, this article is also to determine that the international exhaustion doctrine is the optimal legal model for the harmonization goal through examining the theoretical arguments and observing legal experience in the global community.
Traditional International Labour Law and the New “Global” Kind: Is There a Way to Make Them Work Together?
Lyutov, Nikita
- , 2017,
Abstract: Sa？etak The article provides an account of how international labour law, which had previously been promulgated mostly by the International Labour Organization, has been confronted by a new type of “global” labour law that has arisen from recent changes in the structure of employment brought about by the advent of globalization and multinational corporations. These rival influences on the regulation of labour have not yet reached a stable and productive accommodation to each other, and the author identifies several points of contact and conflict between them, as well as some of the background forces that bear on those conflicts. The article also evaluates several suggestions for the way the relationship between them should be managed. Separate attention is devoted to the possibility of linkage between the application of international labour standards and international trade. To date, the negotiations on inclusion of the “social clause” in the agreements on international trade within the WTO framework have been unsuccessful. However, the author considers that the current infrequent and weak linkage of international trade agreements with labour issues is inadequate, and concludes that significant limitation of the free flow of capital from one country to another is needed in order to avoid the “race to the bottom” between developing countries that leads to the degradation of the labour rights regime worldwide
Desafios globais contemporaneos: cenário de convergências no direito internacional
Xavier Junior, Ely Caetano;Brand？o, Clarissa;
Revista Direito GV , 2009, DOI: 10.1590/S1808-24322009000200009
Abstract: the contemporary international scenario is characterized by a multiplicity of actors and interests, creating a complex web of economic, social and legal relationships. the challenges represented by these new relationships need rapid and efficient responses by law. this journey seeking the solutions to the conflicts arising from the international arena requires a reassessment of the meaning of the division between public and private spheres of law. through the growth of sovereign wealth funds, which arises several new paradigms in the economic field, noticeably the convergence between the role of the state and the role of the international investor; through the encounter between the necessity to protect human rights and harmonize the multilateral international trade system, or through the intersections between global governance and the protection of diffuse rights, international law is certainly moving towards the convergence.
Economic Integration, EU-US Trade Conflicts and WTO Dispute Settlement
Fritz Breuss
European Integration Online Papers , 2005,
Abstract: Since its inception in 1995, more than 330 disputes have been raised under the WTO Dispute Settlement System. The major players in world trade the EU and the USA are also the busiest users of this instrument. After looking at links between economic integration and WTO involvement and a survey of the actual transatlantic WTO trade disputes, the welfare implications of the four most prominent trade disputes between the EU and the USA ("mini trade wars") are analyzed with GTAP5: the Hormones, the Bananas, the FSC and the Steel cases. The economic analysis reveals that the level of suspension of concessions hardly coincides with the level of nullification or impairment (expressed in lost trade effects) if one considers the overall welfare implications of retaliation with tariffs. The idea of "rebalancing" retaliation is a myth. Tariffs are a very bad instrument of retaliation. Maybe a mechanism of direct transfers or financial compensation would be better.
Economic Integration, EU-US Trade Conflicts and WTO Dispute Settlement
Breuss,Fritz
European Integration Online Papers , 2005,
Abstract: Since its inception in 1995, more than 330 disputes have been raised under the WTO Dispute Settlement System. The major players in world trade the EU and the USA are also the busiest users of this instrument. After looking at links between economic integration and WTO involvement and a survey of the actual transatlantic WTO trade disputes, the welfare implications of the four most prominent trade disputes between the EU and the USA ("mini trade wars") are analyzed with GTAP5: the Hormones, the Bananas, the FSC and the Steel cases. The economic analysis reveals that the level of suspension of concessions hardly coincides with the level of nullification or impairment (expressed in lost trade effects) if one considers the overall welfare implications of retaliation with tariffs. The idea of "rebalancing" retaliation is a myth. Tariffs are a very bad instrument of retaliation. Maybe a mechanism of direct transfers or financial compensation would be better.
Trends of Development of International Water Law  [PDF]
Paulo Canelas de Castro
Beijing Law Review (BLR) , 2015, DOI: 10.4236/blr.2015.64025
Abstract: International water law has been witnessing profound changes in the latter twenty years. These changes denote certain cardinal options for new goals and values that the newer international water law is seeking to embrace. Amongst these new goals and values, the ones of environmentalization, humanisation, economicisation stand out as attempts at bringing efficient response to the challenges set by the current global water crisis and the more complex expectations of the international community. They amount to an innovative normative message and even true paradigm-shifts in the understanding of international water law. These trends of development of international water law set this legal field in line with other chapters of contemporary international law and derive in part from the cross-fertilisation of normative ideas and principles between these chapters of international law.
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