International Interplay

Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.

This multidisciplinary book presents a critical assessment of our knowledge of chemical threats to environmental security, with special reference to prevention of chemical releases, rapid detection, risk assessment and effective management of emergency situations and long-term consequences of chemical releases. The technologies evaluated concern mainly prevention and management of both intentional and accident releases of chemicals into the environment. The book features contributors from a range of relevant scientific fields.

Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

This book analyses the status and prospects of the global governance of Access Benefit Sharing (ABS) in the aftermath of 2010’s Nagoya Protocol to the Convention on Biological Diversity (CBD). The CBD’s initial 1992 framework of global ABS governance established the objective of sharing the benefits arising from the use of genetic resources fairly between countries and communities. Since then, ABS has been a contested issue in international politics – not least due to the failure of effective implementation of the original CBD framework. The Nagoya Protocol therefore aims to improve and enhance this framework. Compared to the slow rate of progress on climate change, it has been considered a major achievement of global environmental governance, but it has also been coined a ‘masterpiece of ambiguity’. This book analyses the role of a variety of actors in the emergence of the Nagoya Protocol and provides an up-to-date assessment of the core features of the architecture of global ABS governance. This book offers a central resource regarding ABS governance for those working on and interested in global environmental governance. This is achieved by focusing on two broad themes of the wider research agenda on global environmental governance, namely architecture and agency. Furthermore, individual chapter contributions relate and link ABS governance to other prominent debates in the field, such as institutional complexes, compliance, market-based approaches, EU leadership, the role of small states, the role of non-state actors and more. Partly due to its seeming technical complexity, ABS governance has so far not been at the centre of attention of scholars and practitioners of global environmental governance. In this book, care is taken to provide an accessible account of key functional features of the governance system which enables non-specialists to gain a grasp on the main issues involved, allowing the issue of ABS governance to move centre-stage and be more fully recognised in discussions on global environmental governance.

A study that lays the foundation for cumulative research on the roles institutions play in causing and confronting environmental changes.

This handbook brings together leading international academic experts to provide a comprehensive and authoritative survey of global environmental politics. Fully revised, updated and expanded to 45 chapters, the book: • Describes the history of global environmental politics as a discipline and explains the various theories and perspectives used by scholars and students to understand it. • Examines the key actors and institutions in global environmental politics, explaining the roles of states, international organizations, regimes, international law, foreign policy institutions, domestic politics, corporations and transnational actors. • Addresses the ideas and themes shaping the practice and study of global environmental politics, including sustainability, consumption, expertise, uncertainty, security, diplomacy, North-South relations, globalization, justice, ethics, public participation and citizenship. • Assesses the key issues and policies within global environmental politics, including energy, climate change, ozone depletion, air pollution, acid rain, transport, persistent organic pollutants, hazardous wastes, rivers, wetlands, oceans, fisheries, marine mammals, biodiversity, migratory species, natural heritage, forests, desertification, food and agriculture. This second edition includes new chapters on plastics, climate change, energy, earth system governance and the Anthropocene. It is an invaluable resource for students, scholars, researchers and practitioners of environmental politics, environmental studies, environmental science, geography, globalization, international relations and political science.

This book gathers contributions to the 3rd International Conference on Smart Learning Ecosystems and Regional Developments (SLERD 2018), held at Aalborg University, Denmark on 23–25 May 2018. What characterizes smart learning ecosystems? What is their role in city and regional development and innovation? How can we promote citizen engagement in smart learning ecosystems? These are some of the questions addressed at SLERD 2018 and documented in these proceedings, which include a diverse range of papers intended to help understand, conceive, and promote innovative human-centric design and development methods, education/training practices, informal social learning, and citizen-driven policies. The papers elaborate on the notion of smart learning ecosystems, assess the relation of smart learning ecosystems with their physical surroundings, and identify new resources for smart learning. SLERD 2018 contributes to foster the social innovation sectors, ICT and economic development and deployment strategies, as well as new policies for smarter, more proactive citizens. As such, these proceedings are relevant for researchers and policymakers alike.