CETA's Investment Chapter

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Author :
Publisher : Springer Nature
ISBN 13 : 3030669920
Total Pages : 197 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis CETA's Investment Chapter by : Kriton Dionysiou

Download or read book CETA's Investment Chapter written by Kriton Dionysiou and published by Springer Nature. This book was released on 2021-01-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

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Author :
Publisher : Springer
ISBN 13 : 331998361X
Total Pages : 370 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by : Makane Moïse Mbengue

Download or read book Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) written by Makane Moïse Mbengue and published by Springer. This book was released on 2018-12-07 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.

China-European Union Investment Relationships

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971906
Total Pages : 328 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis China-European Union Investment Relationships by : Julien Chaisse

Download or read book China-European Union Investment Relationships written by Julien Chaisse and published by Edward Elgar Publishing. This book was released on with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.

Yearbook on International Investment Law and Policy 2014-2015

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190612053
Total Pages : 665 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Yearbook on International Investment Law and Policy 2014-2015 by : Andrea K. Bjorklund

Download or read book Yearbook on International Investment Law and Policy 2014-2015 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2016-10-28 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

Yearbook on International Investment Law & Policy 2014-2015

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190612061
Total Pages : pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Yearbook on International Investment Law & Policy 2014-2015 by : Andrea K. Bjorklund

Download or read book Yearbook on International Investment Law & Policy 2014-2015 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2016-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

International Arbitration and EU Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178897400X
Total Pages : 643 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis International Arbitration and EU Law by : José R. Mata Dona

Download or read book International Arbitration and EU Law written by José R. Mata Dona and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.

Alternative Visions of the International Law on Foreign Investment

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Publisher : Cambridge University Press
ISBN 13 : 1107139066
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Alternative Visions of the International Law on Foreign Investment by : C. L. Lim

Download or read book Alternative Visions of the International Law on Foreign Investment written by C. L. Lim and published by Cambridge University Press. This book was released on 2016-03-03 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192536591
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Mega-Regional Trade Agreements: CETA, TTIP, and TiSA by : Stefan Griller

Download or read book Mega-Regional Trade Agreements: CETA, TTIP, and TiSA written by Stefan Griller and published by Oxford University Press. This book was released on 2017-08-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.

Research Handbook on Environment and Investment Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784714631
Total Pages : 576 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Environment and Investment Law by : Kate Miles

Download or read book Research Handbook on Environment and Investment Law written by Kate Miles and published by Edward Elgar Publishing. This book was released on 2019 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.

International Challenges in Investment Arbitration

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Author :
Publisher : Routledge
ISBN 13 : 1351580124
Total Pages : 266 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Challenges in Investment Arbitration by : Mesut Akbaba

Download or read book International Challenges in Investment Arbitration written by Mesut Akbaba and published by Routledge. This book was released on 2018-10-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

The EU Deep Trade Agenda

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Publisher : Oxford University Press
ISBN 13 : 0191067687
Total Pages : 270 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The EU Deep Trade Agenda by : Billy A. Melo Araujo

Download or read book The EU Deep Trade Agenda written by Billy A. Melo Araujo and published by Oxford University Press. This book was released on 2016-02-11 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the first comprehensive examination of the key regulatory disciplines included in the new generation of EU free trade agreements (FTAs), this book investigates the EU's supposed deep trade agenda through a legal analysis of these FTAs. In doing so, Billy A. Melo Araujo determines whether there is any substance behind the EU's foreign policy rhetoric regarding the need to introduce regulatory issues within the remit of international trade law. At a time when the EU is busily negotiating so-called 'mega-FTAs', such as the Transatlantic Trade and Investment Partnership (TTIP) and the plurilateral Trade in Services Agreement (TISA), Melo Araujo offers a timely insight into the important questions raised by such FTAs, in particular concerning the future of the multilateral trade system, the loss of policy autonomy, and the democratic legitimacy of regulating through treaty-making. The book provides a detailed analysis of the regulatory disciplines included in the more recent EU FTAs and explores the possible implications of such disciplines. Offering a significant contribution to a wider debate, this is a must read for those interested in the legal dimension of the EU's deep trade agenda.

The Nationality of Corporate Investors under International Investment Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933611
Total Pages : 308 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Nationality of Corporate Investors under International Investment Law by : Anil Yilmaz Vastardis

Download or read book The Nationality of Corporate Investors under International Investment Law written by Anil Yilmaz Vastardis and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.

Research Handbook on Intellectual Property and Investment Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788977823
Total Pages : 560 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Intellectual Property and Investment Law by : Christophe Geiger

Download or read book Research Handbook on Intellectual Property and Investment Law written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.

Mega-Regional Trade Agreements

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Publisher : Springer
ISBN 13 : 3319566636
Total Pages : 376 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Mega-Regional Trade Agreements by : Thilo Rensmann

Download or read book Mega-Regional Trade Agreements written by Thilo Rensmann and published by Springer. This book was released on 2017-07-20 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rules of Origin for Services

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908094
Total Pages : 200 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Rules of Origin for Services by : Duy Dinh

Download or read book Rules of Origin for Services written by Duy Dinh and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade.

Sustainable Development in EU Foreign Investment Law

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Author :
Publisher : BRILL
ISBN 13 : 900446588X
Total Pages : 473 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Sustainable Development in EU Foreign Investment Law by : Stefanie Schacherer

Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.

Second Thoughts

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1928096395
Total Pages : 413 pages
Book Rating : 4.9/5 (28 download)

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Book Synopsis Second Thoughts by : Armand de Mestral

Download or read book Second Thoughts written by Armand de Mestral and published by McGill-Queen's Press - MQUP. This book was released on 2017-01-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.