Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law
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Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law
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Author : Andrew D. Mitchell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-12-30
Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment 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 2016-12-30 with Business & Economics categories.
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Principles Of International Trade And Investment Law
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Author : Mitchell, Andrew D.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-21
Principles Of International Trade And Investment Law written by Mitchell, Andrew D. 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 2021-09-21 with Law categories.
This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
The Wto And International Investment Law
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Author : Jürgen Kurtz
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-12
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 2018-04-12 with Law categories.
International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Non Discrimination In International Trade In Services
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Author : Nicolas F. Diebold
language : en
Publisher: Cambridge University Press
Release Date : 2014-01-02
Non Discrimination In International Trade In Services written by Nicolas F. Diebold 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 2014-01-02 with Law categories.
The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Prospects In International Investment Law And Policy
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Author : Roberto Echandi
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18
Prospects In International Investment Law And Policy written by Roberto Echandi 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 2013-04-18 with Law categories.
Addresses the most central debates in contemporary investment law and policy.
Governing Science And Technology Under The International Economic Order
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Author : Shin-yi Peng
language : en
Publisher: Edward Elgar Publishing
Release Date :
Governing Science And Technology Under The International Economic Order written by Shin-yi Peng 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 with Electronic books categories.
Against the backdrop of the recent trend towards megaregional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.
Reclaiming Development In The World Trading System
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Author : Yong-Shik Lee
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-20
Reclaiming Development In The World Trading System written by Yong-Shik Lee 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 2016-10-20 with Business & Economics categories.
In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.
International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
International Protection Of Investments written by August Reinisch 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 2020-06-30 with Law categories.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Public Purpose In International Law
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Author : Pedro J. Martinez-Fraga
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-19
Public Purpose In International Law written by Pedro J. Martinez-Fraga 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 2015-02-19 with Law categories.
This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.
Regulatory Autonomy In International Economic Law
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Author : Andrew D. Mitchell
language : en
Publisher:
Release Date : 2017
Regulatory Autonomy In International Economic Law written by Andrew D. Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Australia categories.
Chapters relating to regulatory coherence or cooperation are becoming significant features in new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the existing literature has considered in detail the potential for harmonisation of standards or institutional cooperation and its impact on the regulatory autonomy of treaty parties, this chapter focuses on those elements of regulatory coherence that relate to domestic processes for the development of regulations. It examines whether the adoption of 'good regulatory practices' in accordance with the TPP will help to ensure that measures states enact to protect non-economic interests (such as the environment or public health) are consistent with other key obligations of international trade and investment law. Although many elements of good regulatory practice mirror the criteria used to distinguish legitimate regulatory measures from disguised protectionism, there is no guarantee that a tribunal will come to the same conclusions as those reached during a domestic regulatory impact assessment.