Search Results: the-multilateralization-of-international-investment-law-cambridge-international-trade-and-economic-law

The Multilateralization of International Investment Law

Author: Stephan W. Schill

Publisher: Cambridge University Press

ISBN: 0521762367

Category: Law

Page: 451

View: 3436

The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

Author: Chad P. Bown,Joost Pauwelyn

Publisher: Cambridge University Press

ISBN: 0521119979

Category: Business & Economics

Page: 677

View: 820

A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.

The WTO and International Investment Law

Converging Systems

Author: Jürgen Kurtz

Publisher: Cambridge University Press

ISBN: 1107009707

Category: Law

Page: 326

View: 2497

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

International Investment Law and the Right to Regulate

A human rights perspective

Author: Lone Wandahl Mouyal

Publisher: Routledge

ISBN: 1317408020

Category: Business & Economics

Page: 264

View: 6755

The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Poverty and the International Economic Legal System

Duties to the World's Poor

Author: Krista Nadakavukaren Schefer

Publisher: Cambridge University Press

ISBN: 1107032741

Category: Business & Economics

Page: 453

View: 966

Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.

WTO Disciplines on Subsidies and Countervailing Measures

Balancing Policy Space and Legal Constraints

Author: Dominic Coppens

Publisher: Cambridge University Press

ISBN: 1107014778

Category: Business & Economics

Page: 696

View: 632

A legal and normative analysis of WTO disciplines on industrial and agricultural subsidies and countervailing duties.

Handbook on the Geopolitics of Business

Author: Joseph Mark S. Munoz

Publisher: Edward Elgar Publishing

ISBN: 0857939750

Category: Business & Economics

Page: 328

View: 9814

ÔGlobal economic challenges and political upheavals underscore the importance of geopolitical understanding in the management of the contemporary corporation. Handbook on the Geopolitics of Business assembles a global cast of thought leaders in the geopolitical arena. The insights offered are highly valuable to students, corporate executives, entrepreneurs, government officials, and policy makers. This serves as a compass that would help you find your bearings in the complex world of international business.Õ Ð Ilan Alon, Rollins College, US In recent years, rapid globalization, novel technologies and business models, as well as economic and political changes have transformed the international business landscape. This pioneering volume offers a comprehensive discussion of the new global terrain and makes a strong case for the consideration of geopolitics in both the study and practice of modern-day business. Featuring original contributions from experts across the world, this Handbook provides a solid foundation for both understanding and responding to recent changes and trends in global economics, politics, and business. Topics discussed include the shifting nature of international trade, economic growth in emerging economies, voluntary sustainability codes, management in international corporations, organization of mega-events, entrepreneurship and geopolitical risk, and investment law and firm behavior. This volume offers important implications for both the academic and corporate communities. It will appeal to professors and students of international business and management, economics and political sciences. Offering groundbreaking perspectives that drive contemporary business strategy, this book is also highly valuable to global managers, entrepreneurs and policymakers.

Foreign Direct Investment and Human Development

The Law and Economics of International Investment Agreements

Author: Olivier De Schutter,Johan Swinnen,Jan Wouters

Publisher: Routledge

ISBN: 1135128065

Category: Law

Page: 350

View: 3555

This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

Reconceptualizing International Investment Law from the Global South

Author: Fabio Morosini,Michelle Ratton Sanchez Badin

Publisher: Cambridge University Press

ISBN: 1107190037

Category: Business & Economics

Page: 326

View: 9291

This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.

Multilateralizing Regionalism

Challenges for the Global Trading System

Author: Richard Baldwin,Patrick Low

Publisher: Cambridge University Press

ISBN: 9781139475396

Category: Law

Page: N.A

View: 2121

Regional trade agreements (RTAs) have proliferated around the world in the past two decades, and now nearly all members of the WTO are party to at least one. Besides tariffs and rules of origin regulating trade in goods, many RTAs now include provisions on services, investments, technical barriers to trade and competition rules, as well as a host of issues not directly related to trade. The geographic reach of RTAs is expanding, with transcontinental agreements spreading forcefully alongside intra-regional agreements. 'Multilateralizing Regionalism' was the title of a major conference held from 10–12 September 2007 at the WTO in Geneva. Brought together in this publication, the conference papers achieve two things. First, they marshall detailed, new empirical work on the nature of the 'Spaghetti Bowl' and the problems it poses for the multilateral trade system. Second, they contribute fresh and creative thinking on how to 'tame the tangle' of regional trade agreements.

World Trade Report 2013

Factors Shaping the Future of World Trade

Author: World Trade Organization,World Trade Organization Wto

Publisher: N.A

ISBN: 9789287038593

Category: Political Science

Page: 336

View: 5044

The world is changing with extraordinary rapidity, driven by many influences, including shifts in production and consumption patterns, continuing technological innovation, new ways of doing business and, of course, policy. The World Trade Report 2013 focuses on how trade is both a cause and an effect of change and looks into the factors shaping the future of world trade. One of the most significant drivers of change is technology. Not only have revolutions in transport and communications transformed our world but new developments, such as 3D printing, and the continuing spread of information technology will continue to do so. Trade and foreign direct investment, together with a greater geographical spread of income growth and opportunity, will integrate a growing number of countries into more extensive international exchange. Higher incomes and larger populations will put new strains on both renewable and non-renewable resources, calling for careful resource management. Environmental issues will also call for increasing attention. Economic and political institutions along with the interplay of cultural customs among countries all help to shape international cooperation, including in the trade field. The future of trade will also be affected by the extent to which politics and policies successfully address issues of growing social concern, such as the availability of jobs and persistent income inequality. These and other factors are all examined in the World Trade Report 2013.

International Property Law

Author: John G. Sprankling

Publisher: Oxford University Press

ISBN: 0199654549

Category: Law

Page: 400

View: 437

International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.

International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

ISBN: 0199589100

Category: Law

Page: 836

View: 8191

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

Regional Trade Agreements and the Multilateral Trading System

Author: Rohini Acharya

Publisher: Cambridge University Press

ISBN: 1107161649

Category: Business & Economics

Page: 906

View: 5217

This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.

International Relations in Southeast Asia

Between Bilateralism and Multilateralism

Author: N Ganesan,Ramses Amer

Publisher: Institute of Southeast Asian

ISBN: 9814279579

Category: Political Science

Page: 350

View: 9528

"The central theme of this book is the utility of bilateralism and multilateralism in Southeast Asia international relations. The intention was to examine a sufficient number of empirical cases in the Southeast Asian region since the mid-1970's so as to establish a pattern of interactions informing a wider audience of interactions unique to the region. Through these case studies, we seek to identify how this pattern of interaction compares with similar experiences elsewhere vis-a-vis the theoretical underpinnings of multilateralism and bilateralism. Consequently, this book also examines the theoretical drift in international relations literature at the broadest level and the overall drift of Southeast Asian international relations between the nations themselves and the Association of Southeast Asian Nations (ASEAN)."--P. xv.

The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel

Publisher: Oxford University Press

ISBN: 019871954X

Category: Business & Economics

Page: 352

View: 330

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Good Faith and International Economic Law

Author: Andrew D. Mitchell,M. Sornarajah,Tania Voon

Publisher: Oxford University Press, USA

ISBN: 0198739796

Category: Good faith

Page: 191

View: 2332

In international economic law, the principle of good faith has been argued and applied in a highly fragmented and disjointed way, leading to inconsistent decisions by tribunals. This book provides a comprehensive analysis of the principle and practice of good faith, and its relationship with international trade and investment.

Mega-Regional Trade Agreements

Author: Thilo Rensmann

Publisher: Springer

ISBN: 3319566636

Category: Law

Page: 376

View: 4200

This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

General Interests of Host States in International Investment Law

Author: Anna De Luca

Publisher: Cambridge University Press

ISBN: 1107050235

Category: Law

Page: 478

View: 5125

Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

Law and Development Perspective on International Trade Law

Author: Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude

Publisher: Cambridge University Press

ISBN: 1139499688

Category: Law

Page: N.A

View: 420

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

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