Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law


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


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


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.



Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law


Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2000-03-08

Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-08 with Business & Economics categories.


Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.



The Wto And International Investment Law


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


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.



Non Discrimination In International Trade In Services


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.



The Interpretation Of International Investment Law


The Interpretation Of International Investment Law
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Author : Todd Weiler
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-02

The Interpretation Of International Investment Law written by Todd Weiler and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Business & Economics categories.


In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.



Non Discrimination In International Trade In Services


Non Discrimination In International Trade In Services
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Author : Nicolas F. Diebold
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-21

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 2010-10-21 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.



The Principle Of National Treatment In International Economic Law


The Principle Of National Treatment In International Economic Law
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Author : Anselm Kamperman Sanders
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-10-31

The Principle Of National Treatment In International Economic Law written by Anselm Kamperman Sanders 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 2014-10-31 with Political Science categories.


The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international tr



Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law


Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2000-03-08

Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-08 with Business & Economics categories.


Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.