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Interpreting Nafta
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Book Synopsis Interpreting NAFTA by : Frederick Mayer
Download or read book Interpreting NAFTA written by Frederick Mayer and published by Columbia University Press. This book was released on 1998 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text on the free trade agreement between the US and Mexico, which was ratified in 1993, provides a history of the agreement's development, from opening talks to final passage. It describes the opposition to the agreement and the actions taken to facilitate its eventual ratification.
Book Synopsis Toward Uniformly Accepted Principles for Interpreting MFN Clauses by : Nudrat Ejaz Piracha
Download or read book Toward Uniformly Accepted Principles for Interpreting MFN Clauses written by Nudrat Ejaz Piracha and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.
Book Synopsis The Politics of Fiscal Federalism by : Adam Harmes
Download or read book The Politics of Fiscal Federalism written by Adam Harmes and published by McGill-Queen's Press - MQUP. This book was released on 2019-05-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What does federalism have to do with the political struggle between conservatives and progressives over economic policy? How do economic theories of fiscal federalism influence European, North American, and global forms of governance? In the first comprehensive account of the left-right politics of multilevel governance across federal, regional, and global levels, Adam Harmes identifies both free-market and interventionist political projects related to fiscal federalism. Harmes argues that these political projects and the interests that promote them explain a diverse range of phenomena across national contexts, across levels of governance, and over time. This includes the left-right dynamics of US and Canadian federalism, the free-market origins of British euroscepticism and the Brexit vote, the complex politics behind the NAFTA renegotiations, and the emergence of both populist and progressive challenges to global free trade. A highly accessible outline of fiscal federalism theory, The Politics of Fiscal Federalism also expands upon the broader value and policy differences between neoliberal, classical liberal, and Keynesian welfare economics on issues such as the role of the state, subnational and global trade, economic nationalism, and monetary integration. This original and innovative work demonstrates that a political economy approach is essential to the study of federalism, and why federalism and multilevel governance is a critical area of study for political economists.
Book Synopsis The Interpretation of International Investment Law by : Todd Weiler
Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Book Synopsis China and International Investment Law by : Wenhua Shan
Download or read book China and International Investment Law written by Wenhua Shan and published by Martinus Nijhoff Publishers. This book was released on 2014-10-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive. All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field. The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.
Book Synopsis Knowledge Borders by : Kathrine E. Richardson
Download or read book Knowledge Borders written by Kathrine E. Richardson and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key sections of the North American Free Trade Agreement (NAFTA) deal with temporary labor mobility. Ideally, NAFTA status provisions should make the temporary movement of professionals easier across the border of all NAFTA countries. However, in the case of some key sectors, it is arguably not the case. Within the context of recent literature on cross-border trade, city regions, regionalism, international labor mobility, and post-September 11 security measures, this book probes the dynamics of transitory immigration of ‘knowledge-workers’ between the North American west coast city regions of Vancouver, Seattle, and the greater San Francisco Bay and Silicon Valley area. This book includes in-depth interviews with Canadian and US immigration officials, immigration attorneys and executives and professional staff of new technology firms and Fortune 500 companies. It ultimately explores whether or not the Canada–US border is an impediment to the development of a cross-border high-tech clusters.
Book Synopsis North American Integration by : Gaspare M. Genna
Download or read book North American Integration written by Gaspare M. Genna and published by Routledge. This book was released on 2013-07-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The course of events since the implementation of NAFTA has had unexpected elements with significant impacts on North American integration. First has been the rise of China as a larger source of imports and production partner than Mexico. Second has been the rise of security concerns since September 11, 2001. The result has been much stronger integration between Canada and the US than with Mexico. Migration issues are now linked with security, which has risen to a top priority in the international agenda. While liberalization has furnished strong economic incentives for integration, it has not provided a sufficient guide for the political process, which requires leadership and appropriate institutions to coordinate and regulate the special interest groups. A coherent and effective North American integration would be a valuable asset in the context of global integration and competition, yet the issues involved are quite complex and varied. North American Integration: An Institutional Void in Migration, Security and Development examines the current state of North American integration. Editors Gaspare M. Genna and David A. Mayer-Foulkes gather an international group of experts to give a broad, coherent picture of the current, multifaceted process of integration, and find that institutional development is an essential component. Divided into three sections, the book: - Discuss the determinants of integration and shows that the institutional characteristics of the three countries, including democracy and basic rights, are the most important. - Provides examples of institutional building in contexts for which institutions are lacking, specifically labor, migration and health issues. - Examines issues such as overall security arrangements, trade, drug related violence, energy, and the continuing wage gap among the countries, which have an important bearing on integration.
Book Synopsis Permanent Investment Courts by : Güneş Ünüvar
Download or read book Permanent Investment Courts written by Güneş Ünüvar and published by Springer Nature. This book was released on 2020-09-17 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.
Book Synopsis ICSID Reports: Volume 6 by : James Crawford
Download or read book ICSID Reports: Volume 6 written by James Crawford and published by Cambridge University Press. This book was released on 2004-05-13 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ICSID Reports provides the only comprehensive collection of the decisions of arbitral tribunals and ad hoc committees established under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes. These decisions make an important contribution to the highly specialised jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). Volume 6 includes the annulment decisions of 5 February 2002 in Wena Hotels Ltd. v. Arab Republic of Egypt and of 3 July 2002 in Compania de Aguas del Aconquija SA and Vivendi Universal v. Argentine Republic; it also includes the award of 11 September 2002 in Mondev International Ltd v. USA as well as the award of 9 January 2003 in ADF Group Inc. v. USA.
Book Synopsis Regional Governance in Post-NAFTA North America by : Brian Bow
Download or read book Regional Governance in Post-NAFTA North America written by Brian Bow and published by Routledge. This book was released on 2014-10-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years after NAFTA, the consensus seems to be that the regional project in North America is dead. The trade agreement was never followed up by new institutions that might cement a more ambitious regional community. The Security and Prosperity Partnership (SPP), launched with some fanfare in 2005, was quietly discontinued in 2009. And new cooperative ventures like the US‐Canada Beyond the Border talks and the US‐Mexico Merida Initiative suggest that the three governments have reverted to the familiar, pre‐NAFTA pattern of informal, incremental bilateralism. One could argue, however, that NAFTA itself has been buried, and yet the region somehow lives on, albeit in a form very different from regional integration in other parts of the world. A diverse group of contributors, from the United States, Canada, and Mexico, with experience in academia, government service, think tanks and the private sector bring to bear a sophisticated and much needed examination of regional governance in North America, its historical origins, its connection to the regional distribution of power and the respective governments’ domestic institutions, and the variance of its forms and function across different issue areas. The editors begin by surveying the literature on North American regional politics, matching up developments there with parallel debates and controversies in the broader literatures on comparative regional integration and international policy coordination more generally. Six contributors later explore the mechanisms of policy coordination in specific issue-areas, each with an emphasis on a particular set of actors, and with its own way of characterizing the relevant political and diplomatic dynamics. Chapters on the political context for regional policy coordination follow leading to concluding remarks on the future of North America. At a time when scholarly interest in North America seems to be waning, even while important and interesting political and economic developments are taking place, this volume will reinvigorate the study of North America as a region, to better understand its past, present and future.
Book Synopsis Treaty Interpretation and the Vienna Convention on the Law of Treaties by : M. Fitzmaurice
Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties written by M. Fitzmaurice and published by BRILL. This book was released on 2010 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
Download or read book Trading Blows written by James Shoch and published by Univ of North Carolina Press. This book was released on 2003-01-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past two decades, trade policy has been high on the American political agenda, thanks to the growing integration of the United States into the global economy and the wealth of debate this development has sparked. Although scholars have explored many aspects of U.S. trade policy, there has been little study of the role played by party politics. With Trading Blows, James Shoch fills that gap. Shoch offers detailed case studies of almost all of the major trade issues of the Reagan, Bush, and Clinton eras, including administrative and legislative efforts to curb auto, steel, and other imports and to open up markets in Japan and elsewhere, as well as free-trade initiatives such as the North American Free Trade Agreement (NAFTA), the General Agreement on Tariffs and Trade (GATT) treaty that concluded the Uruguay Round of international trade talks, the extension of presidential fast-track trade negotiating authority, and the approval of permanent normal trade relations with China. In so doing, he explains the complex patterns of party competition over U.S. trade policy since 1980 and demonstrates the significant impact that party politics has had on the nation's recent trade policy decisions.
Book Synopsis Investment Arbitration and State-Driven Reform by : Wolfgang Alschner
Download or read book Investment Arbitration and State-Driven Reform written by Wolfgang Alschner and published by Oxford University Press. This book was released on 2022-06-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A textbook summary of how international investment law developed over the past fifty years may go something like this. States signed thousands of largely similar international investment agreements (IIAs) to protect the property of their investors abroad. Most of these IIAs allowed foreign investors to sue host states via investor-state dispute settlement (ISDS) for treaty breaches. ISDS was barely used until the late 1990s. When ISDS claims finally surged, states realized that their treaties offered greater investment protection than intended. States reacted by narrowing the commitments offered in newly concluded agreements. This backlash against investment arbitration resulted in a "new generation" of IIAs that rebalanced investment protection and host state regulatory autonomy"--
Book Synopsis General International Law in International Investment Law by : Andreas Kulick
Download or read book General International Law in International Investment Law written by Andreas Kulick and published by Oxford University Press. This book was released on 2024-05-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.
Book Synopsis Yearbook on International Investment Law and Policy, 2013-2014 by : Andrea K. Bjorklund
Download or read book Yearbook on International Investment Law and Policy, 2013-2014 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2015-08-14 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes.The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law--The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.
Book Synopsis International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by : OECD
Download or read book International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2008-03-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
Book Synopsis The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI by : Jorge E. Viñuales
Download or read book The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
