International Business and Trade Law
Frank Emmert (ed.): International Business Transactions - Documents,
Vol. I Transactional Law Documents, 3rd ed. 2020, ISBN 978-1 950137992, 810 pp., US$38.00
contains 41 of the most widely used national laws, int'l conventions, and model laws
UN Convention on Int'l Sale of Goods (CISG)
UCC Arts. 1, 2, 3, 4, 4A, 5, and 7
Unidroit Principles of Int'l Commercial Contracts
EU Common Frame of Reference
Restatement 2nd of Contracts
Uniform Customs and Practice for Documentary Credit (UCP 600)
International Standby Practices 98 (ISP98)
Uniform Rules for Demand Guarantees (URDG 758)
Hague Rules for Bills of Lading
Carriage of Goods by Sea Act (COGSA)
UK Marine Insurance Act
Institute Cargo Clauses
and many more
an indispensable tool for practitioners, students & academics, a desk-copy for daily consultation!
Csongor István Nagy (ed.): Investment Arbitration and National Interest, 2019, ISBN 978-0-9858156-8-4
With the emerging wave of new-generation free trade agreements (both bilateral BITs and multilateral IIAs), investment arbitration has become one of the central issues of the contemporary discourse on international economic relations.
Critics argue that investment disputes are settled in the frame of intransparent arbitral proceedings devoid of any democratic legitimacy, giving ad-hoc private bodies and “judges” the competence to adjudicate public law questions of great significance - and potentially great cost - to host countries. So far, the main actors in investor-state arbitration have been slow to respond to this criticism. As a result, several countries have refused to honor awards against them and a couple have even withdrawn from investment arbitration altogether.
The present volume addresses five central issues in the scholarly debate on investment
arbitration and national interest:
1. Challenges to the legitimacy of the current system, in particular based on cases of abuse, lack of access and transparency, insufficient public participation, and difficulties with balancing of investor rights and host state (public) interests;
2. Strengths and weaknesses of participating institutions;
3. Increasing issues with the enforcement of awards and what can be done about it;
4. Some regional efforts and perspectives; as well as
5. The global debate about reforms and their successes and failures to date.
Contributors include many experts with experience as arbitrators, legal counsel to investors and/or governments, as well as public interest organizations.
Joseph Miller: Changing Our Approach to Changing the World - Encouraging and Enhancing American Engagement in International Philanthropy Through Tax Law Reform, 2013, ISBN 978-0985815639,
150 pp., US$ 28.50
Joe Miller offers a compelling case for a "learning-driven" approach to international engagement by American philanthropists, and he proposes an innovative set of legal reforms that would facilitate such an approach.
Blending cogent legal analysis with impassioned policy arguments, Changing Our Approach to Changing the World provides a fresh and practical perspective on the appropriate role of American charitable giving in a global context.
Frank Emmert (ed.): Corporate Social Responsibility in Comparative Perspective, 2014, ISBN 978-0985815646, 250 pp., US$38.50
Corporate Social Responsibility in Comparative Perspective brings together academics and practitioners from around the world in an analysis of CSR as currently understood in different legal systems and legal cultures. The authors also explore how CSR – as a global
phenomenon – should be applied and advanced in future for the greatest common good.
The contributions were originally presented for discussion at conferences organized by
the Robert H. McKinney School of Law and its Indiana International & Comparative Law
Review and by the Protection Project of the School of Advanced International Studies of
Johns Hopkins University. They have been expanded and updated for this publication.
Frank Emmert (ed.): World Trade and Investment Law - Documents, 2018, ISBN 978-0985815677, 780 pp., US$68.00
CILP presents this collection of key int'l documents for world trade and investment law. After an introductory part with general principles concerning the rights and duties of States, there are samples for 1st generation investment protection treaties like the Ottoman and Chinese capitulations. They are followed by 2nd generation BITs like the 1853 US - Argentina Treaty of Friendship, Commerce and Navigation. More modern 3rd and 4th generation BITs and the most innovative 5th generation of bilateral treaties are followed by the most important multilateral treaties, including the MIGA Convention and the draft MAI of the OECD. There are chapters on labor and environmental laws, as well as dispute settlement. Finally, the investment chapter is rounded off with important international guidelines and examples of regional treaties, with excerpts from NAFTA and ASEAN.
In the second part, the reader will find all key documents of the WTO
Ahmed M. El Demery: The Arab Charter of Human Rights - A Voice for Sharia in the Modern World, 2015, ISBN 978-0985815653, 520 pp., US$58.00
The book provides a comprehensive analysis of the Arab Charter on
Human Rights as the primary tool for the protection of human rights
in the Arab countries. The author presents the Arab Charter in the
context of its sources and objectives, embedded in Sharia law, which is
the foundation on which the legal systems of most Arab countries are built.
The author is a judge at the Egyptian Ministry of Justice (currently seconded to the
Ministry of Justice in Qatar). He served as Chief Prosecutor at the Oce of the Prosecutor
General of Egypt. He was also a representative of the Egyptian Public Prosecution
at the National Coordinating Committee for Combating Corruption. The author holds
a Bachelor of Laws from Cairo University, as well as an LL.M. and a J.S.D. degree from
Saint Thomas University, Miami, Florida. He was a Fulbright scholar at Saint Thomas
University as well as a Chevening scholar at Oxford University. He is a visiting lecturer
at a number of universities in Cairo.
Ahmed A. Altawyan: International Commercial Arbitration in Saudia Arabia, 2018, ISBN 978-0985815691, 320 pp.,US$68.00
This is the first comprehensive analysis of the new Saudi Arbitration
Law of 2012, presented by a scholar and practitioner equally educated and fluent in Islamic Sharia, Saudi law, as well as U.S. and international business and trade law.
Readers will learn how Islamic Sharia has always included and indeed promoted mediation and arbitration as less confrontational ways of settling disputes. Against this background, it may be surprising that the Saudi judiciary has at times struggled with providing support services for arbitration procedures and enforcement of international awards. The 2012 Law was designed to change this and the book provides a careful comparison of its provisions with international arbitration law as embodied in the UNCITRAL Model Law, the ICC Rules, the LCIA Rules, IBA Rules on Taking of Evidence, and other rules and standards. Dr. Altawyan also explains the consequences of applying Saudi law, including Islamic Sharia as the foundation of Saudi law, to international commercial contracts and arbitration agreements. His conclusions show that Saudi Arabia has taken giant steps forward in its quest toward becoming a modern and investor friendly place for doing business, while also preserving its Islamic heritage and faith. In the same spirit, the author gives clear-eyed recommendations for further evolution of Saudi arbitration law and what international business partners and investors have to do to protect themselves against misunderstandings and surprises in the meantime.
The book is completed by English versions of the Saudi Arbitration Law of 2012 and the Execution Law to the Arbitration Law of Saudi Arabia.