Publications - Catalogue & Archives

A Practitioner's Guide to International Civil and Commercial Litigation

David W. Bowker and David P. Stewart

• Jointly published by Oxford University Press and the International Law Institute.
• Provides up-to-date background, explanations, and practical guidance on how to deal with the most important challenges and recent developments in the field of transnational litigation.
• Focuses on the mechanisms for international judicial cooperation and assistance, provided by regional and international arrangements such as the Hague Conventions on service, evidence, apostilles, choice of court agreements, and the enforcement of judgments, as well as regional arrangements within the OAS and the EU.
• Features an advanced analysis of treaties, conventions, and statutes affecting current litigators in cross-border disputes.

• Updates the first edition of Bruno Ristau's groundbreaking work, International Judicial Assistance, through the evolution of relevant law (domestic and international) and the increase in the number of transnational disputes involving parties of different countries.
• Includes a wide range of new topics, such as chapters on forum selection, choice of law, authentication, proof of law, enforcement of foreign judgments.
• The book is refocused and takes into account a number of significant developments in the law, including new treaties and conventions.

Description: This first volume on International Trade edited by
Arthur Appleton and Patrick Macrory, is a most welcome addition to the publications on international trade law and
policy. Volume 1 of this series introduces business interests to the international and regional rules applicable to
trade in goods and services, as well as to aspects of trade such as intellectual property rights and dispute
settlement. Businesses that have an understanding of the history of the General Agreement on Trade and Tariffs
(GATT) and the World Trade Organization (WTO) will find it easier to appreciate how they can benefit economically
from the international trade regime. Volume 1 covers the following subject areas:

• Introduction to the world trading system, economic and political benefits of trade, structure and
  functioning of the WTO
• Fundamental rules governing international trade
• Customs issues including how customs authorities determine the amount of duties due on imports
• Non-tariff barriers
• WTO rules relating to subsidies
• How industries can obtain relief from imports causing them harm
• Rules applicable to trade in agricultural goods
• Government procurement
• Export Controls and Sanctions
• Rules applicable to Trade in Services, IP rights
• How disputes are settled in the WTO and regional trade agreements

The book also includes case studies showing how particular industries have used the rules to open foreign
markets or to protect themselves from injurious imports. The authors have worked hard to simplify the complex and
technical subjects of trade and investment to make them more accessible. Technical subjects have been broken down
into readily understandable language. Business guidance is provided in the form of Shaded Tip Boxes, as well as
legal details in Text Boxes.

Description:
Focussing on Investment, this book provides an overview of rules applicable to making and protecting
foreign investments. It will enable the business community, in-house counsel, and government counsel to better
understand the types of protection provided by international investment agreements and investment contracts, as
well as the range of issues that arise in the arbitration of investment disputes.
With contributions from 25 legal experts, the book addresses:

• preliminary issues that an organisation contemplating making a foreign investment must consider;
• sources of investors’ rights with respect to their investments;
• the substance of investors’ rights;
• important jurisdictional issues;
• the process of investor-state dispute settlement.

User Friendly
Throughout the book, business guidance can be found in shaded boxes. Case descriptions and brief legal analyses
appear in text boxes. Legal references and cases are provided in endnotes that follow each chapter.

Endorsements
“This Guide is a very useful and practical roadmap to the substantive and procedural matters that
increasingly arise in investment arbitration. Its clear text and interesting illustrations of principles
from actual cases make it a very useful read for both expert practitioners and for those who are looking at
the subject from other disciplines or for the first time.” Meg Kinnear, Secretary-general,
International Centre for Settlement of Investment Disputes (ICSID)
“The study of international investment law has never been more important than in these times of ceaseless
uncertainties. The authors of this volume do an admirable job of exploring and explaining dispute resolution
regarding foreign investments, particularly the ICSID system, within the context of uncertainty. Students,
practitioners and policy specialists alike will find much value in this work.”
Mark Kantor, Independent Arbitrator
“This is an excellent introduction to the entire field of international investment law and international
mechanisms for the settlement of investment disputes. Written in a clear and accessible style by experts in
the field, the book is both stimulating and enlightening to read. I recommend it highly to newcomers to
investment law and dispute settlement, and to more expert readers wishing to refresh their knowledge with
reliable accounts of recent developments.”
Antonio R. Parra, Honorary Secretary General, International Council for Commercial Arbitration

Target audience
In-house counsel, Government counsel, Practitioners both expert and new-comers, Policy specialists &
Students.

Description:
Legislative Drafting Step-by-Step is a practical, step-by-step guide to drafting legislation. This "how to" book untangles the web of confusion and technical detail that surrounds legislative drafting and presents drafting in an easy-to-understand way. In so doing, legislative drafting is shown to be a fun, intellectually engaging endeavor and not an intimidating prospect to be dreaded. In short, this concise, user-friendly guide seeks to de-mystify legislative drafting.

Legislative Drafting Step-by-Step includes the following: A five-step framework for analysis to guide the drafter in converting any legislative proposal into an actual bill, resolution, or amendment.

• Easy-to-learn rules to carry out each step of drafting.
• More than 150 examples of draft legislative language.
• 19 charts and tables illustrating the text.
• 9 drafting exercises, together with the answers, to test drafting skills.
• A description of the United States legislative process, as viewed by a legislative drafter.
• 16 House and Senate bill, resolution, and amendment forms.

Legislative Drafting Step-by-Step is designed to assist legislators, their staffs, and all who read or write legislation to better understand the basics of legislative drafting and the important role that well written legislation plays in promoting the rule of law. To this end, this guide may be used either as an essential reference tool for any office drafting legislation or as an introduction to legislative drafting for anyone seeking to learn the craft.

Legislative Drafting Step-by-Step is copublished by the International Law Institute.

Description:
Natural Resources and the Law of the Sea is a timely and in-depth investigation and analysis of the key issues across the law of the sea and natural resources disciplines, focusing on the United Nations Convention on the Law of the Sea (UNCLOS) and its application to natural resources. This volume, the second in the - International Law Institute Series on International Law, Arbitration and Practice, features edited transcripts of speeches from the recent International Law Institute (ILI) - Georgetown Law School conference on this topic from some of the most distinguished scholars and practitioners in the world supplemented by additional papers from a number of scholars, practitioners and various government officials addressing and complementing issues related to those discussed at the conference.

Natural Resources and the Law of the Sea seeks to further development of the law of the sea as it applies to the exploration of natural resources, managing the interests of businesses and nation states, while ensuring accountability and protection of the maritime environment.

Description:

Since 1985 International Judicial Assistance: Civil and Commercial has been the authoritative practice guide and standard reference work for attorneys engaged in transnational litigation. The work has been cited repeatedly by the U.S. Supreme Court and lower courts and in scholarly works.

The author presents a thorough treatment of discovery and service of documents abroad; discusses judicial assistance rendered to American courts or litigants by foreign courts as well as assistance by U.S. courts to foreign litigants, and provides forms for all aspects of international judicial assistance. He also analyzes the major international conventions and the case law bearing upon those conventions in the United States and other signatory countries.

"This set of volumes . . . is a gold mine of fact, process, and insight into the workings of international mutual and judicial assistance. It is essential for anyone venturing into those waters."

Description:
This work surveys the legalissues most likely to arise in a judicialaction to enforce an obligation. The first half of the book discusses procedural issues, including forum selection and governing law, service of process outside the forum, enforcement of judgments, andsovereign immunity. The secondhalf focuses on the defenses most likely to be raised by a defendant debtor in a judicial action, such as the act-of-state doctrine, comity, and force majeure, defenses arising under the IMF Articles of Agreement, and defenses that arise under the defendant's own law.

Description:

This acclaimed book, now in its third edition, breaks new ground in teaching legal English to law students and lawyers whose first language is not English. Employing a hands-on, structured approach, the author leads the reader through carefully crafted exercises that develop the ability to understand and use Anglo-American legal terminology in both written and oral formats.

"What is so outstanding about Professor Wojcik's work - for the term 'book' fails to do it justice - is that it incorporates notions of U.S. law, reasoning, and writing by explaining these concepts in the context of U.S. language and culture."

"Professor Wojcik'sbook is a gem! It is a visual, hands-on comprehensive overview of the American legal system and the English language used in that system."

Description:
Prepared by a study group of eminent experts in the field, the Unidroit Guide to International Master Franchise Arrangements is intended to assist parties in negotiating anddrawing up international master franchise agreements by identifying the legal issues involved in those agreements, discussing possible approaches to the issues and, where appropriate, suggesting solutions that parties may wish to consider. By furnishing comprehensive information, the Guide aims to assist in placing the parties on the same level of knowledge, so that neither is at a disadvantage due to lack of training or experience.

In a clear and easy-to-read presentation, the Guide examines the whole life of master franchise arrangements, from the negotiation and drafting of the master franchise agreement and other associated agreements, to the end of the relationship andits effects. The main focus of this practice-oriented guide is the position of the parties directly involved in international master franchising, i.e., the franchisor and the sub-franchisor. In addition, it also deals with the positions of others affected, such as sub-franchisees, where they are considered to be of particular importance.

Distributed by arrangement with the International Institute for the Unification of Private Law (UNIDROIT), Rome.

Description:

Public Enterprises, Restructuring and Privatization treats the movement, over the last 20 years, away from large, state owned enterprises to private ownership of assets. It explores the shortcomings of state owned enterprises, and details the many aspects of privatizing them. Different approaches are discussed, and a detailed analysis of privatization transactions and how they are structured is provided.

Description:

The International Law Institute has provided a useful service — particularly for developing countries that need a better understanding of the Millennium Challenge Corporation — by publishing this Guide. MCC is a new U.S. Government organization, with a new way of delivering development assistance. Central to this "new way" is the utilization of various "Indicators" to determine country eligibility for MCC funding.

These 16 selection Indicators are objective criteria developed by international organizations and respected non-governmental organizations. Countries that produce better Indicator scores within the areas of Ruling Justly, Investing in People and Economic Freedom may be eligible for sizeable grants. MCC's centraltenet is assistance based on performance. It is our hope that countries will findthat these Indicators provide guideposts both to beneficial engagement with MCC and to poverty reduction through economic growth more generally. We hope that the Guide's clear yet detailed description of MCC's methodology — and utilization of Indicators - will be helpful both to officials in developing countries and to others interested in MCC.

For additional guidance, please peruse the MCC website: www.mcc.gov

Description:

Published by the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

"No international law library is adequate without it."

Description:

Published the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

"No international law library is adequate without it."

Description:

Published by the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

"No international law library is adequate without it."

Description:

Published by the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

"No international law library is adequate without it."

Description:
The Transnational Dispute Management (TDM) is a peer reviewed online journal published by Maris B.V. The TDM journal has a focus on the management of international disputes, especially the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as for example oil, gas, energy, infrastructure, mining, utilities etc). It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation and ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. TDM started publishing in February 2004. Founding editor of TDM was Professor Thomas W. Wälde. TDM has an associated listserv called OGEMID, international forum for dispute resolution, with a particular focus on international treaty-based investment disputes relevant for both practitioners and academics.