Author: Stephan W. Schill

Publisher: Cambridge University Press

ISBN: 0521762367

Category: Law

Page: 451

View: 6381

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

Author: Lone Wandahl Mouyal

Publisher: Routledge

ISBN: 1317408020

Category: Business & Economics

Page: 264

View: 3097

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.
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The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 557

States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
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Duties to the World's Poor

Author: Krista Nadakavukaren Schefer

Publisher: Cambridge University Press

ISBN: 1107032741

Category: Business & Economics

Page: 453

View: 8478

Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.
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Balancing Policy Space and Legal Constraints

Author: Dominic Coppens

Publisher: Cambridge University Press

ISBN: 1139916017

Category: Law

Page: N.A

View: 6053

Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.
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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: 2961

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.
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Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 2854

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.
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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: 4591

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.
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Challenges for the Global Trading System

Author: Richard Baldwin,Patrick Low

Publisher: Cambridge University Press

ISBN: 9781139475396

Category: Law

Page: N.A

View: 8681

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.
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Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 4964

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.
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Völkerrecht · Europarecht · Staatsrecht Festschrift für Rudolf Bernhardt

Author: Ulrich Beyerlin,Michael Bothe,Rainer Hofmann,Ernst-Ulrich Petersmann

Publisher: Springer

ISBN: 9783642633546

Category: Law

Page: 1399

View: 5451

In der Festschrift behandeln anerkannte in- und ausländische Vertreter aus Wissenschaft und Praxis Probleme des Völkerrechts, Europarechts und Staatsrechts, denen sich der Jubilar in seinem beruflichen Wirken als Wissenschaftler und internationaler Richter schwerpunktmäßig gewidmet hat. Die 78 Beiträge in deutscher, englischer und französischer Sprache sind in sieben Sachrubriken geordnet: - Quellen und Grundfragen des Völkerrechts, - Menschenrechte im Staats- und Völkerrecht, - Internationale Streitbeilegung, - Staatsrecht und internationale Beziehungen, - Internationales Umweltrecht, - Internationales Wirtschaftsrecht, - Europäische Integration.
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Eine systematische Einführung

Author: Philipp Dann,Stefan Kadelbach,Markus Kaltenborn

Publisher: N.A

ISBN: 9783848702848

Category: Law and economic development

Page: 816

View: 7624

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A Quest for a Twenty-first Century Trade Agreement

Author: C. L. Lim,Deborah Kay Elms,Patrick Low

Publisher: Cambridge University Press

ISBN: 1107028663

Category: Business & Economics

Page: 337

View: 9814

The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.
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50. Assistententagung Öffentliches Recht ; Tagung der Wissenschaftlichen Mitarbeiterinnen und Mitarbeiter, Wissenschaftlichen Assistentinnen und Assistenten ; [Greifswald 2010]

Author: Jörg Scharrer

Publisher: N.A

ISBN: 9783719030933

Category:

Page: 294

View: 9753

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Trade and Investment Issues in the Millennium Round

Author: Alan M. Rugman,Gavin Boyd

Publisher: Edward Elgar Publishing

ISBN: N.A

Category: Business & Economics

Page: 297

View: 9640

Despite the disruption of the multilateral trade talks at Seattle in December 1999, the work of the World Trade Organization (WTO) continues. the trade and investment issues that have been outstanding since the Seattle events are explored in this far reaching book. the distinguished contributors combine several analytical approaches for a comprehensive assessment of the trends, problems and opportunities demanding attention in international trade negotiations. the authors discuss the principle items on the agenda for a renewed round of WTO talks, and also examine issues concerning the treatment of foreign direct investment, urging trade policymakers to adopt measures that will enhance flows of such investment, as these contribute to trade expansion. US, European and Japanese interests and perspectives are considered. the authors believe that cooperative management of international trade and investment issues could introduce greater harmony in the world trading system and overcome fears about the disruptive consequences of increased market openness. the self appointed roles of Non Government Organizations (NGOs) are examined, with emphasis on the primary responsibilities of governments as representatives of their nations.
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