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CETA's Investment Chapter

Author : Kriton Dionysiou
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)

Author : Makane Moïse Mbengue
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.

CETA Investment Law

Author : Marc Bungenberg
Publisher : Nomos/Hart
ISBN 13 : 9781509934676
Total Pages : 608 pages
Book Rating : 4.9/5 (346 download)

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Book Synopsis CETA Investment Law by : Marc Bungenberg

Download or read book CETA Investment Law written by Marc Bungenberg and published by Nomos/Hart. This book was released on 2021-08-12 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including; - the investment court system with an appellate tribunal, - guidelines on third party funding, - transparency and information sharing, - modern versions of standards of protection, and - detailed provisions on reservations and exceptions. Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA's investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful commentary, is essential for lawyers.

CETA Investment Law

Author : Marc Bungenberg
Publisher :
ISBN 13 : 9783848760848
Total Pages : pages
Book Rating : 4.7/5 (68 download)

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Book Synopsis CETA Investment Law by : Marc Bungenberg

Download or read book CETA Investment Law written by Marc Bungenberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Engagement Between Trade and Investment

Author : Niall Moran
Publisher : Springer Nature
ISBN 13 : 3030832597
Total Pages : 299 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Engagement Between Trade and Investment by : Niall Moran

Download or read book Engagement Between Trade and Investment written by Niall Moran and published by Springer Nature. This book was released on 2022-01-03 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book’s empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes. This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

China-European Union Investment Relationships

Author : Julien Chaisse
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.

Indigenous Peoples and International Trade

Author : John Borrows
Publisher : Cambridge University Press
ISBN 13 : 1108659179
Total Pages : 355 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Indigenous Peoples and International Trade by : John Borrows

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Yearbook on International Investment Law and Policy 2014-2015

Author : Andrea K. Bjorklund
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

Author : Andrea K. Bjorklund
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.

The EU and the Rule of Law in International Economic Relations

Author : Biondi, Andrea
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103353
Total Pages : 368 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The EU and the Rule of Law in International Economic Relations by : Biondi, Andrea

Download or read book The EU and the Rule of Law in International Economic Relations written by Biondi, Andrea and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.

CETA Implementation and Implications

Author : Robert G. Finbow
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228012767
Total Pages : 321 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis CETA Implementation and Implications by : Robert G. Finbow

Download or read book CETA Implementation and Implications written by Robert G. Finbow and published by McGill-Queen's Press - MQUP. This book was released on 2022-09-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is hailed as the gold standard for trade agreements. It addresses tariffs on traded goods, favoured status for EU and Canadian exporters, trade in services, and technical barriers to trade, while also seeking coordination between government agencies to promote regulatory cooperation, harmonization, and mutual recognition of standards. As the world retreats towards populism and protectionism, CETA Implementation and Implications provides a vital examination of this contemporary economic collaboration between developed states, which serves as a model for other progressive regional trade agreements. This book offers the first in-depth, comprehensive assessment of CETA, covering many of its most important elements and exploring its obstacles, accomplishments, and early effects. Based on the European Commission-funded Erasmus+ Jean Monnet Project on CETA Implementation and Implications, which linked scholars and stakeholders across Europe and North America to analyze and evaluate the implementation and impacts of the agreement, this book covers regulation, procurement, the environment, the innovative investment disputes system, labour mobility and labour relations, bilateral governance instruments, and the implications for EU trade policy of CETA’s contested ratification. Uniquely interdisciplinary and featuring contributors from around the world, CETA Implementation and Implications provides a nuanced and balanced assessment of this landmark trade agreement and its effects on regional and global trade in turbulent times.

International Arbitration and EU Law

Author : José R. Mata Dona
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.

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

Author : Stefan Griller
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.

Arbitration Under International Investment Agreements

Author : Katia Yannaca-Small
Publisher : Oxford University Press on Demand
ISBN 13 : 0195340698
Total Pages : 790 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small

Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by Oxford University Press on Demand. This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

Alternative Visions of the International Law on Foreign Investment

Author : C. L. Lim
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.

The ICSID Convention

Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
ISBN 13 : 0521885590
Total Pages : 1599 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).