Retaliation In International Law
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Retaliation In International Law
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Author : Evelyn Speyer Colbert
language : en
Publisher:
Release Date : 1948
Retaliation In International Law written by Evelyn Speyer Colbert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1948 with Law categories.
Retaliation In The Wto Dispute Settlement System
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Author : Madeleine Merkx
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Retaliation In The Wto Dispute Settlement System written by Madeleine Merkx and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Law categories.
Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.
Belligerent Reprisals
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Author : Frits Kalshoven
language : en
Publisher: BRILL
Release Date : 2005-06-01
Belligerent Reprisals written by Frits Kalshoven and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-01 with Law categories.
Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970’s, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.
Wto Retaliation
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Author : Michelle Limenta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-23
Wto Retaliation written by Michelle Limenta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-23 with Law categories.
The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.
Wto Retaliation
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Author : Michelle Engel Limenta
language : en
Publisher:
Release Date : 2014
Wto Retaliation written by Michelle Engel Limenta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration categories.
In Place Of Inter State Retaliation
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Author : William Phelan
language : en
Publisher:
Release Date : 2015
In Place Of Inter State Retaliation written by William Phelan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
The Law Economics And Politics Of Retaliation In Wto Dispute Settlement
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Author : Chad Philips Bown
language : en
Publisher:
Release Date : 2010
The Law Economics And Politics Of Retaliation In Wto Dispute Settlement written by Chad Philips Bown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
The Limits Of International Law
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Author : Jack L. Goldsmith
language : en
Publisher: Oxford University Press
Release Date : 2005-02-03
The Limits Of International Law written by Jack L. Goldsmith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-03 with Law categories.
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
How International Law Works
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Author : Andrew T. Guzman
language : en
Publisher: Oxford University Press
Release Date : 2010
How International Law Works written by Andrew T. Guzman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Lawful Measures Of Retaliation In International Air Law
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Author : Kurt Jaeger
language : en
Publisher:
Release Date : 1989
Lawful Measures Of Retaliation In International Air Law written by Kurt Jaeger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Aeronautics categories.
"Unilateral remedies such as non-forcible reprisals, counter-measures and sanctions remain prevalent means of enforcement in international aviation relations. They are largely unregulated by international treaty law. The Tribunal in the Franco-American Air Services Arbitration of 1978, however, demonstrated that general international law has developed certain restrictions on the use of unilateral counter-measures. The emergence of new principles is also evident in the draft of the International Law Commission on State responsibility." --