Wirtschaftsrecht

This report examines the opportunities for developing equitable and efficient means to manage water resources in the Dudh Koshi river system in Nepal. The report suggests economically and environmentally sustainable management considering challenges that involve climate change. The study proposes a strategic planning framework that covers the holistic, technical, economic, social, and environmental aspects of integrated water resources management and development of the river system. It also contributes to strategic planning from a basin-wide perspective by supporting the design of the Dudh Koshi Storage Hydroelectric Project.

What role should central banks play in addressing the climate crisis? Is it sufficient for them to take due account of the effects of physical climate change, as well as the diverse responses of governments and market participants, in their actions? Or should they go further and proactively support the transition to a low-carbon economy? Gregor Laudage examines the role of the European Central Bank (ECB) in the climate crisis through the lens of the multifaceted concept of a 'green' monetary policy. He first explores the concepts and ideas that may underlie a 'green' monetary policy and assesses the extent to which the ECB engages in such policies. Furthermore, he analyses the key legal framework governing the ECB's monetary policy and demonstrates how a green monetary policy could be implemented within this framework in its various forms, as well as the primary-law limitations it faces. Particular attention is given to both the ECB's existing and its announced measures.

In this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainable narratives.

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

The book provides a comprehensive overview of how transparency is addressed within EU law, with a particular focus on EU food law. This contribution is especially relevant in light of Regulation (EU) 2019/1381 on the transparency and sustainability of the EU risk assessment in the food chain. In recent years, growing public concern over a perceived lack of transparency, further highlighted by the results of the ‘Fitness Check’ of the General Food Law, has sparked interest in this issue. Beyond this focus, the book adopts a broader approach by examining transparency as a multifaceted concept closely tied to democracy, accountability and other values. Recognising that transparency obligations may extend beyond public authorities, it further explores whether transparency can be applied to the private sector and identifies potential constraints on private actors. Through a conceptualisation of transparency in law and with an innovative analytical approach to legal texts and case law, the book provides researchers, private organisations and institutions with an extensive and nuanced understanding of transparency.

'Foreign Investment Screening in the European Union. Conflicts of Competence between the Member States and the Union': Regulation (EU) 2019/452 establishes the first European framework for the screening of foreign direct investments. The thesis analyses the legal basis of the so-called 'Screening Regulation' under Union law and concludes that the correct legal basis is Article 64(3) TFEU, rather than Article 207(2) TFEU.

'Sanctions and Arbitration. Effects of Economic Sanctions on Commercial Arbitration Proceedings': Using the EU sanctions regime against Russia as an example, the dissertation examines the effects of economic sanctions on institutional commercial arbitration, namely on the arbitration agreement, the initiation of proceedings, the arbitral institution and tribunal, as well as the issuance of the arbitral award. While in particular financial sanctions generally entail significant restrictions, the effects of economic sanctions are mitigated by exemption and authorization provisions.

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts.This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms(c) 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained.Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

Die bewährte Textsammlung bündelt zentrale Normen des öffentlichen, privaten und europäischen Wirtschaftsrechts in einem Band. Umfassend aktualisiert, berücksichtigt die 26. Auflage u.a.- die Änderungen des GWB durch G zur Beschleunigung der Vergabe öffentlicher Aufträge sowie durch das Dritte GzÄ des GWB- die Modifizierungen des BGB durch GzÄ des Verbrauchervertrags- und des Versicherungsvertragsrechts sowie zur Änderung des BehandlungsvertragsrechtsNeu in die Sammlung aufgenommen: das Bundestariftreuegesetz.Bereits verkündete Änderungen, die bis zum 1.1.2027 in Kraft treten, sind berücksichtigt. Die Sammlung ist bestens geeignet für Studierende sowie Praktiker und Praktikerinnen, die in Verwaltung, Justiz, Anwaltschaft oder Unternehmen mit wirtschaftsrechtlichen Fragen befasst sind.

Effective environmental protection requires the consistent enforcement of environmental regulations. Lea Christmann therefore examines how the implementation of EU environmental law can be improved. She explores what lessons environmental law can learn from EU competition law, which has developed particularly efficient enforcement structures and "best practices" within the European administrative network over the years. Based on a reference-area analysis of this administrative network, the author develops key components for an enforcement-oriented administrative organisation and interaction, thereby opening up new perspectives for "better regulation" in EU environmental law. The analysis covers inter-administrative structures - including the Commission's Directorates-General, the comitology and committee system, expert groups, networks, and agencies (in particular, the European Competition Network in competition law and the European Environment Agency in environmental law). It also examines core administrative functions such as information management, steering through administrative rulemaking, and supervision, for example through the Commission's inspection and substitution powers. Building on this analysis, Lea Christmann formulates concrete reform proposals - such as establishing a Chief Ecologist position to strengthen the scientific quality of legislative proposals, or selectively involving comitology committees in certain implementing acts delegated to the Commission as an expression of residual responsibility.

This book explores whether the World Bank Group, despite not being formally bound by international human rights law, operates in accordance with it when financing investment projects involving indigenous peoples, who are often among the most impacted.The inquiry proceeds along two principal strands, grounded in the distinction between operations targeting public and private sector recipients. First, it traces the evolution of the World Bank Group’s policies on indigenous peoples, which are binding on its staff and, once incorporated into loan agreements, on financing recipients as well. Second, it examines the interpretative practice of the organization’s Independent Accountability Mechanisms, which review compliance with these policies throughout the project cycle. It finds that the policies have evolved alongside key developments in international law and that the Independent Accountability Mechanisms consistently reference both hard and soft international legal instruments in their assessments.Building on these findings, the book reconsiders whether the World Bank Group may, in fact, be subject to international human rights obligations. Departing from traditional deductive reasoning, it adopts an inductive approach grounded in institutional practice. It argues that the World Bank Group, as an international legal actor, is bound by an emerging body of rules and principles of general international law and calls for a reassessment of the organization’s role in shaping the human rights discourse on indigenous peoples.

Walter G. Paefgen's academic work focused on entrepreneurial discretionary decisions in stock corporations and their legal reviewability. In doing so, he drew on the extensive case law and literature in the US on the so-called business judgment rule, which was an important source of insight for his analyses. His research always focused on corporate law in all its facets, with international aspects, shaped by his early professional experience in the private sector, playing a particularly important role. This is reflected in his numerous publications, for example on the European Company (SE) or on cross-border issues. The Festschrift brings together a total of 33 articles on current or fundamental issues in commercial law. The articles are based on the main areas of focus of the honoree's academic work and deal with topics from the entire spectrum of national and international corporate and capital market law, as well as issues of group law, compliance, and corporate acquisitions.

'Access to Effective Remedy for (Human) Rights Violations in Global Supply Chains: Can Arbitration Overcome Existing Barriers to Justice?': Multinational corporations are frequently accused of (human) rights violations in the Global South. How can affected individuals gain more effective access to remedy? This work examines the issue from a procedural perspective, focusing on both State-based and non-State-based mechanisms - particularly arbitration under the 'Hague Rules on Business and Human Rights Arbitration'.

How far can arbitration tribunals go when it comes to implementing international investment treaty standards to protect investors' profit prospects? Max Ransiek's comparative investigation finds that the increasing focus on the legitimate expectations of an investor is closely related to the fact that, from an economic point of view, every investment decision is characterized by the difficulty of having to calculate uncertain future profits.

The words and actions of states have a significant influence on international law. But what of silence and inaction? During the twentieth and twenty-first century, the framework of international law underwent profound transformation. As a result, the contexts in which State silence may be interpreted have become complex and are not well understood. In light of these new realities, this ground-breaking volume explores the evolving legal meaning and effects of State silence in international law-making. Across sixteen chapters, this book questions the circumstances that necessitate a State's reaction, the factors influencing a State's ability to respond, and how a period of silence should be assessed. It also investigates whether and how the shift in international law from bilateralism towards community interests, multilateralism, intergovernmental institutions, and expert bodies, including international courts and tribunals, affect the interpretation of State silence. Furthermore, it probes whether and how advancements in communication, the increased number of States, and their diverse characteristics influence this interpretation.Examining these issues across multiple facets of international law, the book demonstrates the ubiquity of State silence and its legal significance in different fields, and the contextual factors that come together to interpret State silence in a particular instance. Through this exploration, the broad question of state silence's role in either maintaining stability or enabling change is scrutinised. Featuring contributions from twenty-one experts, State Silence Across International Law is a must read for anyone interested in understanding state silence as a factor across different areas of law, including peace and security, international humanitarian law, international criminal law, and international economic law, among others.