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Author : Gary Clyde Hufbauer
Publisher : Peterson Institute
ISBN 13 : 9780881325591
Total Pages : 556 pages
Book Rating : 4.3/5 (255 download)
Download or read book NAFTA Revisited written by Gary Clyde Hufbauer and published by Peterson Institute. This book was released on 2005 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rohini Acharya
Publisher : Cambridge University Press
ISBN 13 : 1107161649
Total Pages : 753 pages
Book Rating : 4.1/5 (71 download)
Download or read book Regional Trade Agreements and the Multilateral Trading System written by Rohini Acharya and published by Cambridge University Press. This book was released on 2016-09-22 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Author : Patrick Dumberry
Publisher : Wolters Kluwer Law & Business
ISBN 13 : 9789041132888
Total Pages : 0 pages
Book Rating : 4.1/5 (328 download)
Download or read book The Fair and Equitable Treatment Standard written by Patrick Dumberry and published by Wolters Kluwer Law & Business. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.
Author : Richard Griswold del Castillo
Publisher : University of Oklahoma Press
ISBN 13 : 9780806124780
Total Pages : 276 pages
Book Rating : 4.1/5 (247 download)
Download or read book The Treaty of Guadalupe Hidalgo written by Richard Griswold del Castillo and published by University of Oklahoma Press. This book was released on 1992-09-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Signed in 1848, the Treaty of Guadalupe Hidalgo ended the war between the United States and Mexico and gave a large portion of Mexico’s northern territories to the United States. The language of the treaty was designed to deal fairly with the people who became residents of the United States by default. However, as Richard Griswold del Castillo points out, articles calling for equality and protection of civil and property rights were either ignored or interpreted to favor those involved in the westward expansion of the United States rather than the Mexicans and Indians living in the conquered territories.
Author : Robert Howse
Publisher : Taylor & Francis
ISBN 13 : 9780415123662
Total Pages : 534 pages
Book Rating : 4.1/5 (236 download)
Download or read book The World Trading System: Dispute settlement in the world trading system written by Robert Howse and published by Taylor & Francis. This book was released on 1998 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.
Author : World Trade Organization
Publisher : Cambridge University Press
ISBN 13 : 0521896541
Total Pages : 419 pages
Book Rating : 4.5/5 (218 download)
Download or read book Dispute Settlement Reports 2006: Volume 1, Pages 1-414 written by World Trade Organization and published by Cambridge University Press. This book was released on 2008-02-21 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2006.
Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833769
Total Pages : 316 pages
Book Rating : 4.9/5 (338 download)
Download or read book Fifteen Years of NAFTA Chapter 11 Arbitration written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2011-09-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.
Author : Charles H. Brower
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122850
Total Pages : 774 pages
Book Rating : 4.0/5 (411 download)
Download or read book NAFTA Chapter Eleven Reports: Primary materials written by Charles H. Brower and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.
Author : Jean E. Kalicki
Publisher : Hotei Publishing
ISBN 13 : 9004291105
Total Pages : 1043 pages
Book Rating : 4.0/5 (42 download)
Download or read book Reshaping the Investor-State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-04 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Author : World Trade Organization
Publisher : Cambridge University Press
ISBN 13 : 9780521859981
Total Pages : 1136 pages
Book Rating : 4.8/5 (599 download)
Download or read book Dispute Settlement Reports 2003 written by World Trade Organization and published by Cambridge University Press. This book was released on 2005-11-03 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2003.
Author : Todd Weiler
Publisher : Cameron May
ISBN 13 : 1905017073
Total Pages : 838 pages
Book Rating : 4.9/5 (5 download)
Download or read book International Investment Law and Arbitration written by Todd Weiler and published by Cameron May. This book was released on 2005 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of essays.
Author : M. Angeles Villarreal
Publisher : DIANE Publishing
ISBN 13 : 1437932827
Total Pages : 29 pages
Book Rating : 4.4/5 (379 download)
Download or read book U. S. -Mexico Economic Relations written by M. Angeles Villarreal and published by DIANE Publishing. This book was released on 2011-04 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico has a population of about 111 million people, making it the most populous Spanish-speaking country in the world. Contents of this report: (1) Intro.; (II) U.S.-Mexico Econ. Trends: Mexico-U.S. Bilateral Foreign Direct Invest.; Mexico¿s Export-Oriented Assembly Plants; Worker Remittances to Mexico; Security and Prosperity Partnership of N. Amer.; (3) The Mexican Economy: Economic Reforms; Effects of the Global Financial Crisis; Poverty; Regional Free Trade Agree.; (4) NAFTA and the U.S.-Mexico Econ. Relationship; (5) U.S.-Mexico Trade Relations: Trucking Issue: Truck Pilot Program; Mexico¿s Retaliatory Tariffs; Other Trade Issues; (6) Policy Issues. Charts and tables. This is a print on demand publication.
Author : Luis Serven
Publisher : World Bank Publications
ISBN 13 : 0821383744
Total Pages : 432 pages
Book Rating : 4.8/5 (213 download)
Download or read book Lessons from NAFTA written by Luis Serven and published by World Bank Publications. This book was released on 2004-11-15 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the experience of Mexico under the North American Free Trade Agreement (NAFTA), 'Lessons from NAFTA' aims to provide guidance to Latin American and Caribbean countries considering free trade agreements with the United States. The authors conclude that the treaty raised external trade and foreign investment inflows and had a modest effect on Mexico's average income per person. It is likely that the treaty also helped achieve a modest reduction in poverty and an improvement in job quality. This book will be of interest to scholars and policymakers interested in international trade and development.
Author : Leon Trakman
Publisher : Oxford University Press
ISBN 13 : 0199874859
Total Pages : 555 pages
Book Rating : 4.1/5 (998 download)
Download or read book Regionalism in International Investment Law written by Leon Trakman and published by Oxford University Press. This book was released on 2013-03-07 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.
Author : Joanna Jemielniak
Publisher : Cambridge University Press
ISBN 13 : 1107147107
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)
Download or read book Establishing Judicial Authority in International Economic Law written by Joanna Jemielniak and published by Cambridge University Press. This book was released on 2016-07-12 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
Author : Zvi Daniel Altman
Publisher : IBFD
ISBN 13 : 9076078947
Total Pages : 498 pages
Book Rating : 4.0/5 (76 download)
Download or read book Dispute Resolution Under Tax Treaties written by Zvi Daniel Altman and published by IBFD. This book was released on 2005 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the interrelationship among tax bases continues to parallel the rapid development of the global economy, disputes among governments as to their right to tax international trade and investments under income tax treaties are expected to increase in number and scope. This study takes an in-depth look at the mechanisms used to resolve such disputes and how they interact with the interests of the various parties involved in the process. The study presents an analysis of the available literature, supplemented by statistical data from North America, Europe and Asia. Analysis of this data leads to interesting insights into the way the dispute resolution process functions when it is applied in different contexts. A comprehensive common framework of analysis, based on a checklist for governments, international organizations and taxpayers, is also developed in the study. This framework lists the main advantages and disadvantages of treaty-related international income tax dispute resolution procedures. The checklist is formulated with the aim to assist readers informing policies and in arguing positions, taking into account the subjective value given by each reader to each listed item. The study concludes by suggesting the creation of a new mechanism for the resolution of tax treaty-related disputes, and advocates, in part, the establishment of a new international organization with links to domestic judicial networks. This mechanism is then subjected to the same common framework analysis and checklist used in earlier parts of the study. The analysis suggests how such a mechanism would mitigate some of the most formidable challenges associated with the current dispute resolution procedures.
Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191127
Total Pages : 393 pages
Book Rating : 4.0/5 (411 download)
Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
