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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.



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.



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."



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.



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.



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.



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."--



International Investment Law and Policy in Africa

International Investment Law and Policy in Africa Author Fola Adeleke
ISBN-10 9781351998819
Release 2017-09-08
Pages 192
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.



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.



Implementing International Economic Law

Implementing International Economic Law Author Yusuf Aksar
ISBN-10 9789004203839
Release 2011-09-23
Pages 197
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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.



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.



International Trade Law Interdisciplinary Theory and Practice

International Trade Law  Interdisciplinary Theory and Practice Author Raj Bhala
ISBN-10 9780327176923
Release 2008-01-01
Pages 1762
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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.