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Articles 1 - 30 of 78
Full-Text Articles in International Trade Law
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah
Theses and Dissertations
In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …
Rethinking Transnational Adjudication: The Normative Foundations Of Institutional Design, Sanctions-Related Arbitration Frameworks, And Digital Recognition Systems, Avaskhan Asanaliyev
Rethinking Transnational Adjudication: The Normative Foundations Of Institutional Design, Sanctions-Related Arbitration Frameworks, And Digital Recognition Systems, Avaskhan Asanaliyev
SJD Dissertations
This dissertation examines how emerging judicial and dispute resolution architectures can sustain cross-border commerce, investment, and enforcement in the post-Soviet space and beyond, at a time of institutional fragility, geopolitical tension, and rapid digitalization. Drawing on the experience of Kazakhstan, Russia, Ukraine, and key global hubs, it argues that institutional innovation in courts, arbitration, and enforcement mechanisms is central to rebuilding credible governance frameworks for international business. It does so through three interconnected studies that together explore the evolution of modern adjudication: first, through the transplantation of a common law judiciary model within a civil law state; second, through the …
Analysis Of Isps Code And Its Implementation In The Gambia : Case Study At The Port Of Banjul, Nfamara B.M. Jarju
Analysis Of Isps Code And Its Implementation In The Gambia : Case Study At The Port Of Banjul, Nfamara B.M. Jarju
World Maritime University Dissertations
No abstract provided.
The Multidoor Courthouse System In Commercial Maritime Disputes : Enhancing Access To Justice And Dispute Resolution Efficiency In Nigeria, Adetola Aderonke Oduwole
The Multidoor Courthouse System In Commercial Maritime Disputes : Enhancing Access To Justice And Dispute Resolution Efficiency In Nigeria, Adetola Aderonke Oduwole
World Maritime University Dissertations
No abstract provided.
De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp
De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp
Undergraduate Honors Theses
How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …
An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey
An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey
World Maritime University Dissertations
No abstract provided.
Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes
Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes
World Maritime University Dissertations
No abstract provided.
A Socio-Economic Analysis Of Automated Container Terminal (Act) Concept In Indonesia : Case Study : New Priok Container Terminal One, Febri Triana Hartami Siagian
A Socio-Economic Analysis Of Automated Container Terminal (Act) Concept In Indonesia : Case Study : New Priok Container Terminal One, Febri Triana Hartami Siagian
World Maritime University Dissertations
No abstract provided.
Relationship Between Hinterland Connectivity With Logistics Performance : A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar
Relationship Between Hinterland Connectivity With Logistics Performance : A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar
World Maritime University Dissertations
No abstract provided.
Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani
Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani
World Maritime University Dissertations
No abstract provided.
Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat
Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat
World Maritime University Dissertations
No abstract provided.
Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao
Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao
World Maritime University Dissertations
No abstract provided.
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Theses and Dissertations
The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …
The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith
Honors Theses
In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …
The Legal And Social Challenges Involved In The Expansion Of Multinational Operations: A Case Study Of Exxonmobil Indonesia, Shashaank Rajaraman
The Legal And Social Challenges Involved In The Expansion Of Multinational Operations: A Case Study Of Exxonmobil Indonesia, Shashaank Rajaraman
Senior Theses
Within this paper, I will analyze the legal and social relations between multinational corporations and their host countries. This analysis will be conducted through viewing the circumstances surrounding Doe v. ExxonMobil within the District of Columbia Circuit Court, in which ExxonMobil has engaged in litigation regarding their human rights record within the country of Indonesia. Through secondary research conducted both within business and legal journals, information about the practices of ExxonMobil can be examined and utilized to make general conclusions upon the corporate diplomacy practiced by multinational corporations.
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
PhD Dissertations
The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …
The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi
LL.M. Essays & Theses
In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …
Three Essays On Preferential Trade Agreement And Trade Policy, Kefang Yao
Three Essays On Preferential Trade Agreement And Trade Policy, Kefang Yao
Dissertations and Theses Collection (Open Access)
This dissertation consists of three chapters on Preferential Trade Agreements (PTAs) and trade policies. Increasing in numbers rapidly since 1990s, PTAs have extended their traditional focus on tariff reduction to deeper policy integration in areas such as competition policy, intellectual property rights, investment, and movement of capital. The first chapter of the dissertation uses a recently released dataset of PTA contents to quantify impacts of the horizontal depth of trade agreements on bilateral trade flows and national welfare for the period of 1980-2015. The results indicate that agreements that are deeper (covering a wider range of policy areas) contribute to …
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
Theses and Dissertations
The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …
The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome
The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome
World Maritime University Dissertations
No abstract provided.
The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim
The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim
World Maritime University Dissertations
No abstract provided.
Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem
Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem
World Maritime University Dissertations
No abstract provided.
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Maurer Theses and Dissertations
This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …
Proposing A Constructivist Approach To Resolving Trade Conflicts Under The African Continental Free Trade Area Agreement (Afcfta): A Cross-Jurisdictional Analysis, Oluwayesi Sanni
LLM Theses
Essentially a research of an interdisciplinary nature, this thesis seeks to carefully combine budding thoughts from two different areas of scholarship in order to present a unique underlying perspective. On the one hand, there is the study of conflict and its resolution from such intrinsic standpoint as to appreciate it as constitutive of the Society with the aim of achieving more wholesome outcomes that accentuates the uniqueness of each society. On the other hand, the recent coming to force of AfCFTA has left so much for scholars to grapple with, including how its dispute settlement regime could reflect more on …
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern
Maurer Theses and Dissertations
This thesis emphasizes a core concept of the preemptive effect that uniform law may have on other domestic norms. It exemplifies the situation in which the laws and principles of contracts, particularly the uniform laws and principles formulated for transnational sales, can exclude or limit tort liability. This study does not object to the recognition of concurrency of claims under contract and tort law. On the contrary, it accepts that the contracting party’s right to both contract and tort actions is commonly recognized in many legal systems, especially the common law system. Tort liability could be actionable insofar as the …
An Empirical Assessment Of Trade Engagement : Linking China, Africa And The Belt And Road Initiative, Stersha Alleyne
An Empirical Assessment Of Trade Engagement : Linking China, Africa And The Belt And Road Initiative, Stersha Alleyne
World Maritime University Dissertations
No abstract provided.
Preliminary Study On Cloud Bill Of Lading Issue, Yanchi Chen
Preliminary Study On Cloud Bill Of Lading Issue, Yanchi Chen
World Maritime University Dissertations
No abstract provided.
Three Essays On International Trade Policies, Xin Yi
Three Essays On International Trade Policies, Xin Yi
Dissertations and Theses Collection (Open Access)
This dissertation studies the empirical and quantitative implications of trade policies. The first chapter examines the effects of trade policies on quality specialization across cities within a country. Specifically, we complement the quality specialization literature in international trade and study how larger cities within a country produce goods with higher quality. We first establish three stylized facts on how product quality is related to agglomeration, firm productivity, and worker skills. We then rationalize these facts in a spatial equilibrium model where all the elements mentioned above are present and firms are free to choose their locations. Using firm-level data from …
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes
PhD Dissertations
This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …
The Legal Feasibility Of Ratification Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) By Saudi Arabia: A Comparative Study Between Cisg And Islamic Law, Ibrahim Mansour Alwehaibi
The Legal Feasibility Of Ratification Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) By Saudi Arabia: A Comparative Study Between Cisg And Islamic Law, Ibrahim Mansour Alwehaibi
Maurer Theses and Dissertations
This study examines the legal feasibility of ratification of the United Nations Convention on Contracts for International Sale of Goods (CISG) by Saudi Arabia as well other Islamic countries that apply Islamic law (Sharia). To understand the feasibility, this study is divided in three parts. Part One serves as a brief introduction to the CISG and Islamic Law (which is the governing contract law in Saudi Arabia). Part Two provides a comparison between the provisions of the CISG and Islamic Law, assessing whether they conflict or are compatible with one another. It is challenging to examine the entire Convention, so …