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Cetas Investment Chapter
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Book Synopsis CETA's Investment Chapter by : Kriton Dionysiou
Download or read book CETA's Investment Chapter written by Kriton Dionysiou and published by Springer Nature. This book was released on 2021-01-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.
Book Synopsis Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by : Makane Moïse Mbengue
Download or read book Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) written by Makane Moïse Mbengue and published by Springer. This book was released on 2018-12-07 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.
Book Synopsis CETA Investment Law by : Marc Bungenberg
Download or read book CETA Investment Law written by Marc Bungenberg and published by Nomos/Hart. This book was released on 2021-08-12 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including; - the investment court system with an appellate tribunal, - guidelines on third party funding, - transparency and information sharing, - modern versions of standards of protection, and - detailed provisions on reservations and exceptions. Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA's investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful commentary, is essential for lawyers.
Book Synopsis CETA Investment Law by : Marc Bungenberg
Download or read book CETA Investment Law written by Marc Bungenberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis China-European Union Investment Relationships by : Julien Chaisse
Download or read book China-European Union Investment Relationships written by Julien Chaisse and published by Edward Elgar Publishing. This book was released on with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.
Book Synopsis The EU and the Rule of Law in International Economic Relations by : Biondi, Andrea
Download or read book The EU and the Rule of Law in International Economic Relations written by Biondi, Andrea and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.
Book Synopsis Yearbook on International Investment Law and Policy 2014-2015 by : Andrea K. Bjorklund
Download or read book Yearbook on International Investment Law and Policy 2014-2015 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2016-10-28 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.
Book Synopsis Yearbook on International Investment Law & Policy 2014-2015 by : Andrea K. Bjorklund
Download or read book Yearbook on International Investment Law & Policy 2014-2015 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2016-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.
Book Synopsis CETA Implementation and Implications by : Robert G. Finbow
Download or read book CETA Implementation and Implications written by Robert G. Finbow and published by McGill-Queen's Press - MQUP. This book was released on 2022-09-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is hailed as the gold standard for trade agreements. It addresses tariffs on traded goods, favoured status for EU and Canadian exporters, trade in services, and technical barriers to trade, while also seeking coordination between government agencies to promote regulatory cooperation, harmonization, and mutual recognition of standards. As the world retreats towards populism and protectionism, CETA Implementation and Implications provides a vital examination of this contemporary economic collaboration between developed states, which serves as a model for other progressive regional trade agreements. This book offers the first in-depth, comprehensive assessment of CETA, covering many of its most important elements and exploring its obstacles, accomplishments, and early effects. Based on the European Commission-funded Erasmus+ Jean Monnet Project on CETA Implementation and Implications, which linked scholars and stakeholders across Europe and North America to analyze and evaluate the implementation and impacts of the agreement, this book covers regulation, procurement, the environment, the innovative investment disputes system, labour mobility and labour relations, bilateral governance instruments, and the implications for EU trade policy of CETA’s contested ratification. Uniquely interdisciplinary and featuring contributors from around the world, CETA Implementation and Implications provides a nuanced and balanced assessment of this landmark trade agreement and its effects on regional and global trade in turbulent times.
Book Synopsis International Arbitration and EU Law by : José R. Mata Dona
Download or read book International Arbitration and EU Law written by José R. Mata Dona and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Book Synopsis Mega-Regional Trade Agreements: CETA, TTIP, and TiSA by : Stefan Griller
Download or read book Mega-Regional Trade Agreements: CETA, TTIP, and TiSA written by Stefan Griller and published by Oxford University Press. This book was released on 2017-08-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.
Book Synopsis Indigenous Peoples and International Trade by : John Borrows
Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.
Book Synopsis Alternative Visions of the International Law on Foreign Investment by : C. L. Lim
Download or read book Alternative Visions of the International Law on Foreign Investment written by C. L. Lim and published by Cambridge University Press. This book was released on 2016-03-03 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.
Book Synopsis Research Handbook on Environment and Investment Law by : Kate Miles
Download or read book Research Handbook on Environment and Investment Law written by Kate Miles and published by Edward Elgar Publishing. This book was released on 2019 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
Book Synopsis The EU Deep Trade Agenda by : Billy A. Melo Araujo
Download or read book The EU Deep Trade Agenda written by Billy A. Melo Araujo and published by Oxford University Press. This book was released on 2016-02-11 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the first comprehensive examination of the key regulatory disciplines included in the new generation of EU free trade agreements (FTAs), this book investigates the EU's supposed deep trade agenda through a legal analysis of these FTAs. In doing so, Billy A. Melo Araujo determines whether there is any substance behind the EU's foreign policy rhetoric regarding the need to introduce regulatory issues within the remit of international trade law. At a time when the EU is busily negotiating so-called 'mega-FTAs', such as the Transatlantic Trade and Investment Partnership (TTIP) and the plurilateral Trade in Services Agreement (TISA), Melo Araujo offers a timely insight into the important questions raised by such FTAs, in particular concerning the future of the multilateral trade system, the loss of policy autonomy, and the democratic legitimacy of regulating through treaty-making. The book provides a detailed analysis of the regulatory disciplines included in the more recent EU FTAs and explores the possible implications of such disciplines. Offering a significant contribution to a wider debate, this is a must read for those interested in the legal dimension of the EU's deep trade agenda.
Book Synopsis International Challenges in Investment Arbitration by : Mesut Akbaba
Download or read book International Challenges in Investment Arbitration written by Mesut Akbaba and published by Routledge. This book was released on 2018-10-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.
Author :Christoph Schreuer (juriste) Publisher :Cambridge University Press ISBN 13 :0521885590 Total Pages :1599 pages Book Rating :4.5/5 (218 download)
Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)
Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
