Investment Screening And Wto Law

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Investment Screening and WTO Law

Author : Erich Vranes
Publisher : Springer Nature
ISBN 13 : 3031467248
Total Pages : 78 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Investment Screening and WTO Law by : Erich Vranes

Download or read book Investment Screening and WTO Law written by Erich Vranes and published by Springer Nature. This book was released on 2023-12-12 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a worldwide intensification in the use of investment screening mechanisms. This surge is connected with political re-orientations, the rise of new economic powers, and security concerns. Despite the considerable effects that investment screening may have on international investment and trade, there is hardly any literature examining the consequences to be drawn from relevant WTO rules for investment screening. However, the importance of WTO law for such instruments is substantial not least due to the broad scopes of application of the GATT and GATS agreements. The risk that screening activities could be challenged before the WTO is underlined by pertinent panel reports. This book in particular uses the 2019 EU Screening Regulation as an example for illustrating the relevance that WTO law has for investment screening. It concludes that in the light of relevant WTO rulings screening activities undertaken for public order and security reasons may face considerable hurdles not least in the general exceptions and security exceptions of the GATT and the GATS.

Screening Foreign Direct Investment in the EU

Author : Jens Velten
Publisher :
ISBN 13 : 9783031056048
Total Pages : 0 pages
Book Rating : 4.0/5 (56 download)

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Book Synopsis Screening Foreign Direct Investment in the EU by : Jens Velten

Download or read book Screening Foreign Direct Investment in the EU written by Jens Velten and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Direct Investment (FDI) from third countries--a desirable form of investment to boost the EU's economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor's home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO's General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms--and their shortcomings.

World Trade and Investment Law Reimagined

Author : Alvaro Santos
Publisher : Anthem Press
ISBN 13 : 1783089741
Total Pages : 422 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis World Trade and Investment Law Reimagined by : Alvaro Santos

Download or read book World Trade and Investment Law Reimagined written by Alvaro Santos and published by Anthem Press. This book was released on 2019-06-28 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

Law and Investment in China

Author : Vai Io Lo
Publisher : Routledge
ISBN 13 : 1134344856
Total Pages : 441 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis Law and Investment in China by : Vai Io Lo

Download or read book Law and Investment in China written by Vai Io Lo and published by Routledge. This book was released on 2004-08-02 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

Principles of International Trade and Investment Law

Author : Mitchell, Andrew D.
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973674
Total Pages : 272 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Principles of International Trade and Investment Law by : Mitchell, Andrew D.

Download or read book Principles of International Trade and Investment Law written by Mitchell, Andrew D. and published by Edward Elgar Publishing. This book was released on 2021-09-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

EU Framework for Foreign Direct Investment Control

Author : Jacques H.J. Bourgeois
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519215
Total Pages : 345 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Framework for Foreign Direct Investment Control by : Jacques H.J. Bourgeois

Download or read book EU Framework for Foreign Direct Investment Control written by Jacques H.J. Bourgeois and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.

EU Anti-Dumping and Other Trade Defence Instruments

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041139346
Total Pages : 1400 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis

Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2011-06-06 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

The WTO and International Investment Law

Author : Jürgen Kurtz
Publisher : Cambridge University Press
ISBN 13 : 1316445097
Total Pages : 327 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The WTO and International Investment Law by : Jürgen Kurtz

Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2016-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.

National Security in International and Domestic Investment Law

Author : Yuwen Li
Publisher : Taylor & Francis
ISBN 13 : 1000971074
Total Pages : 230 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis National Security in International and Domestic Investment Law by : Yuwen Li

Download or read book National Security in International and Domestic Investment Law written by Yuwen Li and published by Taylor & Francis. This book was released on 2023-10-20 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.

Prospects in International Investment Law and Policy

Author : Roberto Echandi
Publisher : Cambridge University Press
ISBN 13 : 1107035864
Total Pages : 495 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Prospects in International Investment Law and Policy by : Roberto Echandi

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

Law and Investment in China

Author : Vai Io Lo
Publisher : Routledge
ISBN 13 : 9781134344819
Total Pages : 0 pages
Book Rating : 4.3/5 (448 download)

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Book Synopsis Law and Investment in China by : Vai Io Lo

Download or read book Law and Investment in China written by Vai Io Lo and published by Routledge. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

Protecting Foreign Investment

Author : Carlos María Correa
Publisher : Academic Foundation
ISBN 13 : 9788171883172
Total Pages : 204 pages
Book Rating : 4.8/5 (831 download)

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Book Synopsis Protecting Foreign Investment by : Carlos María Correa

Download or read book Protecting Foreign Investment written by Carlos María Correa and published by Academic Foundation. This book was released on 2003 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rich industrialized countries are insisting that the World Trade Organization launches a new round of world trade negotiations and that rules restricted to trade issues be extended to protect foreign direct investment. This is an exploration of WTO proposals from the developing country viewpoint.

Protecting Investment in Services

Author : Martín Molinuevo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142924
Total Pages : 336 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Protecting Investment in Services by : Martín Molinuevo

Download or read book Protecting Investment in Services written by Martín Molinuevo and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.

Weaponising Investments

Author : Jens Hillebrand Pohl
Publisher : Springer Nature
ISBN 13 : 303146771X
Total Pages : 256 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Weaponising Investments by : Jens Hillebrand Pohl

Download or read book Weaponising Investments written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulation of State-Controlled Enterprises

Author : Julien Chaisse
Publisher : Springer Nature
ISBN 13 : 9811913684
Total Pages : 727 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Regulation of State-Controlled Enterprises by : Julien Chaisse

Download or read book Regulation of State-Controlled Enterprises written by Julien Chaisse and published by Springer Nature. This book was released on 2022-08-25 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Performance Requirement Prohibitions in International Investment Law

Author : Alexandre Genest
Publisher : BRILL
ISBN 13 : 9004392106
Total Pages : 288 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Performance Requirement Prohibitions in International Investment Law by : Alexandre Genest

Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

Author : Andrew D. Mitchell
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368095
Total Pages : 200 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by : Andrew D. Mitchell

Download or read book Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.