The Public International Law of Trade in Legal Services

The Public International Law of Trade in Legal Services
Author: David Collins
Publisher: Cambridge University Press
Total Pages: 277
Release: 2018-11-08
Genre: Law
ISBN: 1108530397

This book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.

International Trade in Legal Services

International Trade in Legal Services
Author: Sydney M. Cone
Publisher: Aspen Publishers
Total Pages: 698
Release: 1996
Genre: Law firms
ISBN:

International Trade in Legal Services is a comprehensive guide to launching or expanding a successful legal practice in foreign markets. Written by the world-renowned international law expert Sydney M. Cone of Cleary, Gottlieb, Steen and Hamilton this incomparable practice tool offers the expert advice and jurisdiction-specific information you need to mine your foreign practice opportunities to the fullest. Whether you are just planning your entry into a new jurisdiction or seeking to expand your current foreign office, you'll find this reference essential reading. The book distills the expert insights and masterful strategies developed by Cone and his partners over four decades of practice at a premier international law firm. In Part I, you gain an in-depth, practical working overview of the major players, markets, and multilateral rules governing foreign practice. You'll see how GATS works, how the rules have evolved, and what their practical implications are for the foreign lawyer. Parts II, HI, and IV examine in detail the major legal centers in North America, Europe, Asia, and Australia respectively, providing specific, step-by-step guidance to the applicable rules, regulations, pitfalls, and opportunities.

Liberalization of Trade in Legal Services

Liberalization of Trade in Legal Services
Author: Gilles Muller
Publisher: Kluwer Law International B.V.
Total Pages: 505
Release: 2013-08-01
Genre: Law
ISBN: 9041148795

The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-08-12
Genre: Law
ISBN: 9403520019

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Careers in International Law

Careers in International Law
Author: Salli Swartz
Publisher: American Bar Association
Total Pages: 288
Release: 2008
Genre: Business & Economics
ISBN: 9781590319482

This third edition of a best seller is an essential resource for law students and lawyers interested in a career in international law, irrespective of age, experience, nationality, residence or practice area. Each chapter is written by an attorney who has made the transition to international law. The authors detail their paths and describe what their work truly entails, including the pros and cons of their positions. Topics covered include: strategies for starting and developing an international law practice; international in-house counsel careers; international law and the public sector; developing a small firm international law practice; networking; and more.

Coherence and Divergence in Services Trade Law

Coherence and Divergence in Services Trade Law
Author: Rhea Tamara Hoffmann
Publisher: Springer Nature
Total Pages: 279
Release: 2020-07-23
Genre: Law
ISBN: 3030469557

This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

International Lawyer's Deskbook

International Lawyer's Deskbook
Author: Lucinda A. Low
Publisher: American Bar Association
Total Pages: 516
Release: 2003
Genre: Business & Economics
ISBN: 9781590311448

A reference tool for lawyers facing international legal problems outside their own areas of expertise.

The Role of Legal Advisers in International Law

The Role of Legal Advisers in International Law
Author: Andraž Zidar
Publisher: BRILL
Total Pages: 408
Release: 2016-11-21
Genre: Law
ISBN: 9004280308

The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law. Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system. Please also see the following related titles: - British Influences on International Law, 1915-2015 - British Contributions to International Law, 1915-2015