Not exact matches
«The basic
principle is that a sovereign state enters
trade agreements
of its free will, and it can get back out,» said Robert Howse, the Lloyd C. Nelson professor
of international law at N.Y.U. School of L
law at N.Y.U. School
of LawLaw.
The report recommends foreign policy follows five guiding
principles: to actively work to protect civilians; to challenge abuses
of humanitarian
law and human rights; to deliver on policies like the Arms
Trade Treaty which save lives through
international agreement; to meet the challenges
of the modern world, including new threats like terrorism; and strengthening multilateral institutions, with the UK taking the lead to reunite the UN.
The legality
of such a border tax adjustment under
international trade law is untested, but is considered to be plausibly consistent with
trade principles [230].
The application
of the
principle of proportionality may be observed in a variety
of international law settings, including cases in which the proportionality
of countermeasures taken in
trade disputes is challenged before a WTO Panel under the General Agreement on Tariffs and Trade («GATT&raq
trade disputes is challenged before a WTO Panel under the General Agreement on Tariffs and
Trade («GATT&raq
Trade («GATT»).
In particular, while the 1945 UN Charter and the UN Convention on the
Law of the Sea acknowledged and promoted interstate arbitration, the New York and the Washington conventions consecrated the
principle of recognition and enforcement
of arbitral awards with regards to
international trade and investment.
For almost 130
principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academi
principles and rules
of transnational
law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex -
Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academi
Principles provide the user with their black letter text and comprehensive references taken from
international arbitral awards, domestic statutes,
international conventions, standard contract forms,
trade practices and usages, other sample clauses and academic sources.
Member, The American
Law Institute, 2005 — present; participant, Member Consultative Groups on
Principles of Aggregate Litigation;
Principles of Trade Law: The World
Trade Organization; Restatement
of the
Law, The U.S.
Law of International Commercial Arbitration; Restatement
of the
Law Fourth, The Foreign Relations
Law of the United States; and
Principles of the
Law of Liability Insurance
Notwithstanding the above, recognition and enforcement has been refused on grounds
of public policy for the following reasons: the award was obtained by fraud (see Westacre Investments Inc v Jugoimport - SPDR Holding Co Ltd [1999] 2 Lloyd's Rep 65 (CA) and Tamil Nadu Electricity Board v ST - CMS Electric Company Private Ltd [2008] 1 Lloyd's Rep 93); the award was tainted by illegality (Soleimany v Soleimany [1998] 3 WLR 811); the underlying agreement was contrary to
principles of EU
law, in particular competition
law as set out in Articles 101 and 102
of the TFEU (Eco Swiss China Time Ltd v Benetton
International NV (1999)(Case C - 126 / 97); and the award was unclear as to the obligations imposed on the parties (Tongyuan (USA)
International Trading Group v Uni-Clan Ltd (2001, unreported, 26 Yearbook
of Commercial Arbitration 886).