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Protecting Investment in Services

Protecting Investment in Services Author Martín Molinuevo
ISBN-10 9041138277
Release 2012
Pages 311
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La 4e de couverture indique : "International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international trade law, embodied in the WTO agreements. Foreign investment is governed by international investment law, consisting of a vast network of investment agreements, including bilateral investment treaties (BITs) and preferential trade agreements (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the rights and obligations featured in the two frameworks are not always compatible, this legal overlap reduces transparency and undermines governments' regulatory capacity in an unanticipated manner. 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. Policymakers will find relevant insights in this work, as it provides a thorough review of legal matters that limit policy decisions and bring about possible contradictions between the two bodies of international economic law. Legal practitioners will benefit from the book's clear guidelines on the pros and cons of the trade and investment legal frameworks, and under what conditions each system is best suited to protect foreign investment in services."



The WTO and International Investment Law

The WTO and International Investment Law Author Jürgen Kurtz
ISBN-10 9781107009707
Release 2016-01-20
Pages 326
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Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.



Second Thoughts

Second Thoughts Author Armand de Mestral
ISBN-10 9781928096399
Release 2017-01-30
Pages
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Criticism. Doubts. Second thoughts. Although investor-state arbitration (ISA) has been included in investment agreements between developed and developing countries since the 1960s, and provided foreign investors with a kind of private justice against developing world host states, it became increasingly controversial in developed countries when it was included in NAFTA in 1993, creating the possibility of ISA claims between and against two developed countries (the United States or Canada), as well as claims against and by a developing state (Mexico). A few years later, the OECD’s attempt to finalize the Multilateral Agreement on Investment was stymied by concerted civil society protest and opposition to ISA, and in recent years each new proposed agreement has sparked fresh rounds of protest. What engenders the controversy about ISA? While ISA’s advantage is that it prevents escalation of international conflict by relieving states from feeling obliged to espouse claims of injured investors against foreign governments, it is criticized for creating regulatory chill whereby states are reluctant to make necessary public policy reforms for fear that changes to the investment environment will lead to expensive investor claims. Are fears of litigation and expensive payouts well founded? Can key modifications to the ISA system, such as those added to the Comprehensive Economic and Trade Agreement satisfy critics and redeem this system of private justice? Is ISA really necessary between developed democracies where an independent and professional judiciary can generally be trusted to decide without fear or favour? In Second Thoughts: Investor-State Arbitration between Developed Democracies, 16 international investment legal experts have undertaken in-depth analyses of ISA’s economic, political, and social impacts when included in agreements between developed democracies. This timely volume appears at a critical moment, seeking answers to the crucial questions that will determine the next generation of international investment agreements.



Towards a Universal Justice Putting International Courts and Jurisdictions into Perspective

Towards a Universal Justice  Putting International Courts and Jurisdictions into Perspective Author Dário Moura Vicente
ISBN-10 9789004298712
Release 2016-04-06
Pages 596
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Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.



International Arbitration Law and Practice in Switzerland

International Arbitration  Law and Practice in Switzerland Author Gabrielle Kaufmann-Kohler
ISBN-10 9780191669194
Release 2015-10-22
Pages 672
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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.



Ownership Unbundling and Related Measures in the EU Energy Sector

Ownership Unbundling and Related Measures in the EU Energy Sector Author Tilman Michael Dralle
ISBN-10 9783319777979
Release 2018-04-24
Pages 373
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This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law. It does so by focusing on the prominent example of the EU’s energy sector and its Third Energy Package. Unbundling has become an increasingly crucial competition instrument in network-bound industries worldwide. It is designed to ensure access to bottleneck infrastructures on fair and non-discriminatory terms and thus to suppress the anti-competitive potential deriving from vertical integration in natural monopoly situations. While promoting important public policy objectives, unbundling policies have also raised a number of legal issues. This book analyzes how international economic law limits the adoption and maintenance of unbundling and related measures and also outlines how international trade law can play a ‘positive’ role in this field. As a result, it provides a valuable reference for academics, practitioners and policy-makers.



International Economic Law and Governance

International Economic Law and Governance Author Julien Chaisse
ISBN-10 9780191084133
Release 2016-08-11
Pages 624
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Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.



Human Rights in International Investment Law and Arbitration

Human Rights in International Investment Law and Arbitration Author Pierre-Marie Dupuy
ISBN-10 9780199578184
Release 2009
Pages 597
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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.



Yearbook on International Investment Law Policy 2009 2010

Yearbook on International Investment Law   Policy 2009 2010 Author Karl Sauvant
ISBN-10 9780199767014
Release 2010-12-23
Pages 734
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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. Yearbook monitors current developments in international investment law and policy, focusing on trends in foreign direct investment (FDI), international investment agreements, and investment disputes. The Yearbook on International Investment Law & Policy 2009-2010 also looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.



Regulatory Assessment Toolkit

Regulatory Assessment Toolkit Author Martín Molinuevo
ISBN-10 9781464800580
Release 2014-03-11
Pages 128
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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.



The Law of Investment Treaties

The Law of Investment Treaties Author Jeswald W. Salacuse
ISBN-10 9780191009150
Release 2015-06-04
Pages 620
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The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.



Foreign Investment Disputes

Foreign Investment Disputes Author R. Doak Bishop
ISBN-10 9789041123114
Release 2005-01-01
Pages 1653
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This indispensable handbook is the first legal resource to gather together the most important cases and commentary on the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basic source material into a well-organised and up-to-date volume covering the full scope of the subject. The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards. Of particular value to practitioners are such features as the following: the most relevant excerpts from the most important cases dealing with foreign investment disputes; questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter; excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and, key clauses in investment contracts. Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.



The Use of Economics in International Trade and Investment Disputes

The Use of Economics in International Trade and Investment Disputes Author Theresa Carpenter
ISBN-10 9781107144903
Release 2017-01-01
Pages 426
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Containing contributions from both academic experts and practitioners and from economic and legal experts, this book explores the use of economics in international economic law.



Improving International Investment Agreements

Improving International Investment Agreements Author Armand L. C. De Mestral
ISBN-10 9780415671972
Release 2013
Pages 417
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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."--



Reshaping the Investor State Dispute Settlement System

Reshaping the Investor State Dispute Settlement System Author Jean E. Kalicki
ISBN-10 9789004291102
Release 2015-02-12
Pages 1044
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In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.



International Investment Protection and Arbitration

International Investment  Protection and Arbitration Author Christian Tietje
ISBN-10 9783830526681
Release 2011-01-01
Pages 192
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HauptbeschreibungIn the last years, the law of international investment protection has increasingly caught the attention of international lawyers, both practitioners and academics. In this regard, two related but often not comprehensively covered aspects are relevant: arbitral proceedings and awards on the one side, and individual commercial interests of enterprises which are engaged in foreign direct investment or international portfolio investment on the other. The applicable law in order to protect these commercial interests is both, of an international and national character, and concerns.



WTO Litigation Investment Arbitration and Commercial Arbitration

WTO Litigation  Investment Arbitration  and Commercial Arbitration Author Jorge Alberto Huerta-Goldman
ISBN-10 9041146865
Release 2013
Pages 440
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La 4ème de couverture indique : "International investment arbitration, commercial arbitration, and WTO litigation are no longer separate and isolated disciplines. Increasingly, the same international trade dispute or set of potentially unlawful measures taken by a State are subject to overlapping substantive rules and standards contained in a WTO treaty, an investment treaty, or a commercial or investment agreement, each covering a different aspect and each providing for different jurisdictions, procedural avenues, substantive standards and remedies. There exists, however, a wide range of 'cross-cutting' issues and points of 'cross-fertilization' between international commercial arbitration, investment arbitration and WTO litigation, which users of these regimes should be aware of. This book deals with the overlap of the three regimes and discusses the resulting advantages and pitfalls. This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and 'pressure points' within host governments ; selection and appointment of arbitrators, panels and Appellate Body members ; use of experts and economics ; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing 'moral damage'; regimes of review, appeals and annulment; enfoncement systems of awards, implementation of WTO Law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage."