Judging The State In International Trade And Investment Law

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Judging the State in International Trade and Investment Law

Author : Leïla Choukroune
Publisher : Springer
ISBN 13 : 9811023603
Total Pages : 222 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Judging the State in International Trade and Investment Law by : Leïla Choukroune

Download or read book Judging the State in International Trade and Investment Law written by Leïla Choukroune and published by Springer. This book was released on 2016-12-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

International Economic Law

Author : Leïla Choukroune
Publisher : Cambridge University Press
ISBN 13 : 1108423884
Total Pages : 847 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Economic Law by : Leïla Choukroune

Download or read book International Economic Law written by Leïla Choukroune and published by Cambridge University Press. This book was released on 2021-07-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

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.

Judge Knot

Author : Todd N. Tucker
Publisher : Anthem Press
ISBN 13 : 1783087935
Total Pages : 239 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Judge Knot by : Todd N. Tucker

Download or read book Judge Knot written by Todd N. Tucker and published by Anthem Press. This book was released on 2018-03-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.

International Trade and Investment Law

Author : Rafael Leal-Arcas
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849803199
Total Pages : 0 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis International Trade and Investment Law by : Rafael Leal-Arcas

Download or read book International Trade and Investment Law written by Rafael Leal-Arcas and published by Edward Elgar Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements. Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction - regional versus global - for the settlement of disputes. This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

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.

Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

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.

World Trade and Investment Law Reimagined

Author : Alvaro Santos
Publisher : Anthem Press
ISBN 13 : 1783089733
Total Pages : 280 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 280 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 benefits 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".

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.

General Interests of Host States in International Investment Law

Author : Giorgio Sacerdoti
Publisher :
ISBN 13 : 9781139957984
Total Pages : 480 pages
Book Rating : 4.9/5 (579 download)

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Book Synopsis General Interests of Host States in International Investment Law by : Giorgio Sacerdoti

Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by . This book was released on 2014-07-07 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.

Good Faith and International Economic Law

Author : Andrew D. Mitchell
Publisher : OUP Oxford
ISBN 13 : 0191060356
Total Pages : 224 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Good Faith and International Economic Law by : Andrew D. Mitchell

Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by OUP Oxford. This book was released on 2015-05-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.

International Investment Law

Author : Surya P Subedi QC
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936378
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Investment Law by : Surya P Subedi QC

Download or read book International Investment Law written by Surya P Subedi QC and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: '...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.

General Interests of Host States in International Investment Law

Author : Giorgio Sacerdoti
Publisher :
ISBN 13 : 9781107636682
Total Pages : 508 pages
Book Rating : 4.6/5 (366 download)

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Book Synopsis General Interests of Host States in International Investment Law by : Giorgio Sacerdoti

Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by . This book was released on 2014 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.

Legal Problems in International Trade and Investment

Author : Crawford Shaw
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Problems in International Trade and Investment by : Crawford Shaw

Download or read book Legal Problems in International Trade and Investment written by Crawford Shaw and published by . This book was released on 1962 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foreign Investment, International Law and Common Concerns

Author : Tullio Treves
Publisher :
ISBN 13 : 9781138935198
Total Pages : 0 pages
Book Rating : 4.9/5 (351 download)

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Book Synopsis Foreign Investment, International Law and Common Concerns by : Tullio Treves

Download or read book Foreign Investment, International Law and Common Concerns written by Tullio Treves and published by . This book was released on 2015-07-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious issues for both the investor and host state. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. The book provides valuable insights into the substantive issues and institutional aspects of international investment law.

National Security Exceptions in International Trade and Investment Agreements

Author : Sebastián Mantilla Blanco
Publisher : Springer
ISBN 13 : 9783030381240
Total Pages : 73 pages
Book Rating : 4.3/5 (812 download)

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Book Synopsis National Security Exceptions in International Trade and Investment Agreements by : Sebastián Mantilla Blanco

Download or read book National Security Exceptions in International Trade and Investment Agreements written by Sebastián Mantilla Blanco and published by Springer. This book was released on 2020-01-17 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.