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Protecting Investment In Services

Author: Martín Molinuevo
Publisher: Kluwer Law International B.V.
ISBN: 9041142924
Size: 75.72 MB
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This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.

The Relationship Of Wto Law And Regional Trade Agreements In Dispute Settlement From Fragmentation To Coherence

Author: Malebakeng Agnes Forere
Publisher: Kluwer Law International B.V.
ISBN: 9041162763
Size: 10.25 MB
Format: PDF
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It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.

International Arbitration Law And Practice In Switzerland

Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669199
Size: 61.18 MB
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This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Regulatory Assessment Toolkit

Author: Martín Molinuevo
Publisher: World Bank Publications
ISBN: 1464800588
Size: 38.59 MB
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This toolkit is to offer a practical methodology to government officials and staff from development organizations on how to identify and assess laws and regulations that affect international trade and investment in the services sector.

Implementing International Economic Law

Author: Yusuf Aksar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203834
Size: 40.24 MB
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Implementing International Economic Law focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It demonstrates that the practice of international adjudicative bodies such as the WTO and the ICSID went beyond merely interpreting and applying the rules of law and became international organisations as “law-makers”. This is where the sources of international law play a crucial role.

Improving International Investment Agreements

Author: Armand L. C. De Mestral
Publisher: Routledge
ISBN: 0415671973
Size: 43.65 MB
Format: PDF
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"In recent years, the world has witnessed the coming of age of international investment law. The numbers are telling with over 2600 bilateral investment treaties, over 462 free trade, customs unions and other economic partnership agreements notified to the WTO, with 276 being in force, an increasing number of which include investment chapters, and over 350 known investor-State treaty-based arbitrations. This phenomenon has not left many untouched as over 175 States have signed international investment agreements (IIAs) and at least 81 governments have faced investment treaty arbitrations. The regime, however, has not been without criticisms. The main criticisms being: that IIAs do not fulfil their great bargain the promotion of investment, while they effectively protect powerful economic interests; that IIAs protect investor's rights over the public interest of the host country; that the dispute settlement system put in place by IIAs lacks legitimacy due to the fundamentally ad hoc nature of investor-State arbitration; and that the complexity and cost of the system are out of control.This book takes stock of developments in international investment law and analyzes potential solutions to some of these criticisms from the perspective of international public policy, in negotiations, substantive obligations and dispute resolution. The book is prepared by a group of scholars and practitioners from Canada and Europe. It takes a multidisciplinary approach to the subject, with analysis from the legal, political and economic perspectives. The first part of the book traces the evolution in IIA treaty-making and provides an evaluation from a political economy and economics perspective. The other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues of treaty negotiation, substance or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects."--

The Foundations Of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Size: 75.63 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

International Trade Law Interdisciplinary Theory And Practice

Author: Raj Bhala
Publisher: LexisNexis
ISBN: 032717692X
Size: 75.66 MB
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International Trade Law: Interdisciplinary Theory and Practice has been completely revised in its Third Edition, building upon the global successes of its two predecessor editions. Truly a "world law" Textbook applicable in any of the approximately 152 WTO countries, the Third Edition places much emphasis on coverage of developing and least developed countries in Asia, Africa, and Latin America, highlighting the significance of their demographics, politics, culture, and economic dynamism. Europe and the high-profile trade disputes between the United States and the European Union is another chief focal point of this distinctively comprehensive book. Notably, the Textbook avoids two pitfalls: an American-centric approach, and the suggestion that international trade law is only about the WTO. The Textbook contains 50 Chapters dedicated to all aspects of the field, from ancient and medieval views about the morality of trade to the mysteries of adjustments to Constructed Export Price in a dumping margin calculation. The Textbook covers fully the Doha Round and the new, post-9/11 trade security rules. It includes 6 Chapters on free trade agreements (FTAs), 2 Chapters each on agriculture, services, and intellectual property (IP), and plenty of excerpts from key WTO and U.S. court cases. Overall, the Textbook is both a tour de force and user friendly. Not surprisingly, the Textbook has been used at roughly 100 law schools around the world, and translated into Vietnamese. Each chapter is manageably-sized and offers a user-friendly structure, allowing the flexibility of choosing the chapters that best serve the needs of a professor's individual course. The topics in each chapter help students establish a fundamental foundation upon which to build their knowledge of international trade law. Useful notes appear throughout the text, carefully constructed and organized to guide and challenge students, without abandoning them to trying to play "find-the-ball" on their own, piecemeal. The author sets forth five clear and fundamental themes in the preface which resonate throughout the text, providing not only coherence and integration, but also the passion that will ensure lively classroom discussion and debate. The author covers hot topics, such as protectionism, regionalization, labor, the environment, and sanctions, from both a practical and theoretical standpoint. Interesting and substantive interdisciplinary readings provide further penetration of a subject on not only the economics of international trade law, but on perspectives brought to the field by political scientists, international relations specialists, and philosophers.

Human Rights In International Investment Law And Arbitration

Author: Pierre-Marie Dupuy
Publisher: Oxford University Press
ISBN: 0199578184
Size: 38.45 MB
Format: PDF, ePub
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There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.