National Security Exceptions In International Trade And Investment Agreements
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National Security Exceptions In International Trade And Investment Agreements
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Author : Sebastián Mantilla Blanco
language : en
Publisher: Springer Nature
Release Date : 2020-01-16
National Security Exceptions In International Trade And Investment Agreements written by Sebastián Mantilla Blanco and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.
Sovereign Investors And National Security Exceptions In Wto And Investment Law
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Author : Panos Delimatsis
language : en
Publisher:
Release Date : 2023
Sovereign Investors And National Security Exceptions In Wto And Investment Law written by Panos Delimatsis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The concept of national security has evolved to address a range of threats, including non-State actors and non-military and non-human threats, such as economic crises, cybersecurity, terrorism, iand climate change. In particular, some States are vigorously expanding the notion of national security to include economic security, protection of critical infrastructure, communications assets, advanced technology, and data. However, the concept of national security cannot be viewed in the abstract. Rather, the well-established rationale of security exceptions to preserve countries' freedom of action in areas relating to national defence and security has to be viewed within the confines that substantive obligations in international economic agreements impose. It involves a balancing exercise that puts obligations of non-discrimination, due process, predictability, and transparency at the other end of the spectrum. In light of the general intent by the international community to address global problems on a multilateral basis, this chapter argues for a coherent approach to the review of security exceptions under international trade and investment law. First, it sketches the form and structure of security exceptions under both regimes. Second, it discusses the most important issues arising from the adjudication of national security disputes and the choice of the standard of review. Third, it explores the trends in the interpretation of security exceptions in the World Trade Organization (WTO) and investment law and their implications for sovereign investors. This chapter concludes that the clarification of the scope of the security exceptions clauses and their coherent application by international adjudicators under both regimes could help tame the unleashed opportunistic forces by catalyzing domestic legal and policy developments that would ensure a certain level of self-restraint and scrutiny in the application of protectionist measures. In particular, it could promote trade and investment liberalization while preventing sovereign investments from becoming political battlefields and means of circumventing diplomacy.
The Protection Of National Security In Iias
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Author :
language : en
Publisher: Unctad Series on International
Release Date : 2009
The Protection Of National Security In Iias written by and has been published by Unctad Series on International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
After almost two decades of nearly unequivocal support for investment liberalisation, many countries have started to re-evaluate these policies, and some have introduced adjustments, thereby exercising their right to regulate foreign investment to pursue domestic policy objectives. Security concerns have been invoked in relation to planned investments in so-called strategic industries and critical infrastructure. Thus, the issue has implications that go far beyond the defense-related activities for which the national security exception was initially designed. The paper explores the role of international investment agreements (IIAs) in connection with investment restrictions based on national security considerations, and what approaches there treaties have taken with regard to national security exceptions.
A New Global Economic Order
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Author :
language : en
Publisher: BRILL
Release Date : 2021-11-22
A New Global Economic Order written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Business & Economics categories.
A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.
The Covid 19 Test For Preferential Trade Agreements
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Author : Ana María Palacio Valencia
language : en
Publisher:
Release Date : 2023
The Covid 19 Test For Preferential Trade Agreements written by Ana María Palacio Valencia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The Wto And International Investment Law
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Author : Jürgen Kurtz
language : en
Publisher: Cambridge University Press
Release Date : 2016-01-25
The Wto And International Investment Law written by Jürgen Kurtz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-25 with Law categories.
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
Regulatory Autonomy In International Economic Law
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Author : Andrew D. Mitchell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Regulatory Autonomy In International Economic Law written by Andrew D. Mitchell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with BUSINESS & ECONOMICS categories.
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.
International Investment Law And The Law Of Armed Conflict
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2019-08-05
International Investment Law And The Law Of Armed Conflict written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-05 with Law categories.
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Elgar Encyclopedia Of International Economic Law
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Author : Thomas Cottier
language : en
Publisher:
Release Date : 2017
Elgar Encyclopedia Of International Economic Law written by Thomas Cottier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Foreign trade regulation categories.
"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--
Integrating Sustainable Development In International Investment Law
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Author : Manjiao Chi
language : en
Publisher: Routledge
Release Date : 2017-10-10
Integrating Sustainable Development In International Investment Law written by Manjiao Chi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-10 with Business & Economics categories.
The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.