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National Security Exceptions In International Trade And Investment Agreements
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Download or read book A New Global Economic Order written by and published by BRILL. This book was released on 2021-11-22 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.
Book Synopsis International Investment Law and the Law of Armed Conflict by : Katia Fach Gómez
Download or read book International Investment Law and the Law of Armed Conflict written by Katia Fach Gómez and published by Springer. This book was released on 2019-08-05 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Book Synopsis Looking to the Future by : Mahnoush H. Arsanjani
Download or read book Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Book Synopsis Elgar Encyclopedia of International Economic Law by : Krista Nadakavukaren Schefer
Download or read book Elgar Encyclopedia of International Economic Law written by Krista Nadakavukaren Schefer and published by . This book was released on 2025-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study
Author :Marie-Claire Cordonier Segger Publisher :Kluwer Law International B.V. ISBN 13 :9041131663 Total Pages :978 pages Book Rating :4.0/5 (411 download)
Book Synopsis Sustainable Development in World Investment Law by : Marie-Claire Cordonier Segger
Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Book Synopsis Necessity and National Emergency Clauses by : Diane A. Desierto
Download or read book Necessity and National Emergency Clauses written by Diane A. Desierto and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Book Synopsis The Evolving International Investment Regime by : Jose E. Alvarez
Download or read book The Evolving International Investment Regime written by Jose E. Alvarez and published by Oxford University Press. This book was released on 2011-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
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 Nature. This book was released on 2020-01-16 with total page 78 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.
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 2018-04-12 with total page 0 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.
Book Synopsis The Protection of National Security in IIAs by :
Download or read book The Protection of National Security in IIAs written by and published by Unctad Series on International. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After almost two decades of nearly unequivocal support for investment liberalisation, many countries have started to re-evaluate these policies, and some have introduced adjustments, thereby exercising their right to regulate foreign investment to pursue domestic policy objectives. Security concerns have been invoked in relation to planned investments in so-called strategic industries and critical infrastructure. Thus, the issue has implications that go far beyond the defense-related activities for which the national security exception was initially designed. The paper explores the role of international investment agreements (IIAs) in connection with investment restrictions based on national security considerations, and what approaches there treaties have taken with regard to national security exceptions.
Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development
Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Book Synopsis Foreign Investment and National Security: Economic Considerations by : James K. Jackson
Download or read book Foreign Investment and National Security: Economic Considerations written by James K. Jackson and published by DIANE Publishing. This book was released on 2010 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report assesses recent international developments as the leaders from a number of nations work to reach a consensus on an informal set of best practices regarding national restrictions on foreign investment for national security purposes. This report also provides one possible approach for assessing the costs and benefits involved in using national policies to direct or to restrict foreign direct investment for national security reasons.
Book Synopsis Handbook of Deep Trade Agreements by : Aaditya Mattoo
Download or read book Handbook of Deep Trade Agreements written by Aaditya Mattoo and published by World Bank Publications. This book was released on 2020-09-23 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as international flows of investment and labor and the protection of intellectual property rights and the environment. Their goal is integration beyond trade or deep integration. These agreements matter for economic development. Their rules influence how countries (and hence, the people and firms that live and operate within them) transact, invest, work, and ultimately, develop. Trade and investment regimes determine the extent of economic integration, competition rules affect economic efficiency, intellectual property rights matter for innovation, and environmental and labor rules contribute to environmental and social outcomes. This Handbook provides the tools and data needed to analyze these new dimensions of integration and to assess the content and consequences of DTAs. The Handbook and the accompanying database are the result of collaboration between experts in different policy areas from academia and other international organizations, including the International Trade Centre (ITC), Organisation for Economic Co-operation and Development (OECD), United Nations Conference on Trade and Development (UNCTAD), and World Trade Organization (WTO).
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 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.
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.
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 Cambridge University Press. This book was released on 2014-05-29 with total page 479 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.
Book Synopsis Law and Practice of Investment Treaties by : Andrew Paul Newcombe
Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
