Search Results for "non-discrimination-and-the-role-of-regulatory-purpose-in-international-trade-and-investment-law-elgar-international-investment-law-series"

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

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

  • Author: Andrew D. Mitchell,David Heaton,Caroline Henckels
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785368095
  • Category: Business & Economics
  • Page: 200
  • View: 926
DOWNLOAD NOW »
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.

The ASEAN Comprehensive Investment Agreement

The ASEAN Comprehensive Investment Agreement

The Regionalisation of Laws and Policy on Foreign Investment

  • Author: Julien Chaisse,Sufian Jusoh
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785360027
  • Category: Political Science
  • Page: 288
  • View: 5841
DOWNLOAD NOW »
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

  • Author: Valentina Vadi
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785368583
  • Category:
  • Page: 352
  • View: 3563
DOWNLOAD NOW »
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

A Guide to State Succession in International Investment Law

A Guide to State Succession in International Investment Law

  • Author: Patrick Dumberry
  • Publisher: Edward Elgar Publishing
  • ISBN: 1788116615
  • Category: Law
  • Page: 552
  • View: 6757
DOWNLOAD NOW »
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

Regulatory Autonomy in International Economic Law

Regulatory Autonomy in International Economic Law

The Evolution of Australian Policy on Trade and Investment

  • Author: Andrew D. Mitchell,Elizabeth Sheargold,Tania Voon
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785368176
  • Category:
  • Page: N.A
  • View: 7572
DOWNLOAD NOW »
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

The WTO and International Investment Law

The WTO and International Investment Law

Converging Systems

  • Author: Jürgen Kurtz
  • Publisher: Cambridge University Press
  • ISBN: 1107009707
  • Category: Law
  • Page: 326
  • View: 7499
DOWNLOAD NOW »
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

International Climate Change Law

International Climate Change Law

  • Author: Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
  • Publisher: Oxford University Press
  • ISBN: 0191643130
  • Category: Law
  • Page: N.A
  • View: 8343
DOWNLOAD NOW »
This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

Proportionality and Deference in Investor-State Arbitration

Proportionality and Deference in Investor-State Arbitration

Balancing Investment Protection and Regulatory Autonomy

  • Author: Caroline Henckels
  • Publisher: Cambridge University Press
  • ISBN: 1316432300
  • Category: Law
  • Page: N.A
  • View: 5467
DOWNLOAD NOW »
In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative perspective, the book proposes a new methodology for investment tribunals to adopt in regulatory disputes, which combines proportionality analysis with an institutionally sensitive approach to the standard of review. Henckels argues that adopting a modified form of proportionality analysis would provide a means for tribunals to decide cases in a more consistent and coherent manner leading to greater certainty for both states and investors, and that affording due deference to host states in the determination of liability would address the concern that the decisions of investment tribunals unjustifiably impact on the regulatory autonomy of states.

Comparative Law and Regulation

Comparative Law and Regulation

Understanding the Global Regulatory Process

  • Author: Francesca Bignami,David Zaring
  • Publisher: Edward Elgar Publishing
  • ISBN: 1782545611
  • Category: Law
  • Page: 608
  • View: 4207
DOWNLOAD NOW »
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

The Foundations and Future of Financial Regulation

The Foundations and Future of Financial Regulation

Governance for Responsibility

  • Author: Mads Andenas,Iris H-Y Chiu
  • Publisher: Routledge
  • ISBN: 113504337X
  • Category: Law
  • Page: 544
  • View: 5857
DOWNLOAD NOW »
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Public Health and Plain Packaging of Cigarettes

Public Health and Plain Packaging of Cigarettes

Legal Issues

  • Author: Tania Voon,Andrew D. Mitchell,Jonathan Liberman
  • Publisher: Edward Elgar Publishing
  • ISBN: 1781952175
  • Category: Law
  • Page: 288
  • View: 6779
DOWNLOAD NOW »
'Voon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century – the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. "Big Tobacco" is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text.' – Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US 'This book is a "must read" for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia – at the vanguard of plain packaging of tobacco – and other jurisdictions. It is an informative and timely guide to current debates on these important issues.' – Lorand Bartels, University of Cambridge, UK 'This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. the regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of "the tobacco epidemic". A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the "mega-litigation" over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.' – Matthew Rimmer, the Australian National University College of Law and ACIPA, Australia Tobacco use represents a critical global health challenge. the World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia's world-first introduction of mandatory plain packaging of tobacco products. the book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. the authors' analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. the answers to these questions are of vital interest not only to Australia but also to the international community, with states' regulatory sovereignty increasingly being challenged in local and international courts and tribunals. This timely study is designed to assist international organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.

Trade and Gender

Trade and Gender

Opportunities and Challenges for Developing Countries

  • Author: Anh-Nga Tran-Nguyen,Americo Beviglia Zampetti
  • Publisher: United Nations Publications
  • ISBN: 9789211126341
  • Category: Social Science
  • Page: 489
  • View: 1696
DOWNLOAD NOW »
Equal rights between men and women are enshrined as a fundamental human right in the UN Charter, and reflected in various internationally agreed instruments, such as the 1979 Convention on the Elimination of All Forms of Discrimination against Women and the 1995 Beijing Declaration and Platform for Action. Although there has been notable progress in some areas, in most nations women are still at a disadvantage in terms of their role and position in the economic and political arenas. This publication examines the gender dimension of trade and seeks to identify policy challenges and responses to promote gender equality in light of increasing globalisation. Issues discussed include: economics of gender equality, international trade and development; multilateral negotiations on agriculture in developing countries; gender-related issues in the textiles and clothing sectors; international trade in services; gender and the TRIPS Agreement; the impact of WTO rules on gender equality; human rights aspects; fair trade initiatives; the role of IT in promoting gender equality, the Gender Trade Impact Assessment and trade reform.

Environmental Regulation and Food Safety

Environmental Regulation and Food Safety

Studies of Protection and Protectionism

  • Author: Veena Jha
  • Publisher: IDRC
  • ISBN: 155250185X
  • Category: Business & Economics
  • Page: 232
  • View: 8493
DOWNLOAD NOW »
Environmental, health and sanitary requirements in developed countries are perceived in developing countries as non-tariff barriers to trade. This book shows that such restrictions are perceived to be more stringent during the domestic production season. It also argues that scientific data for specific thresholds appear to be questionable.

Most-favoured-nation Treatment

Most-favoured-nation Treatment

  • Author: N.A
  • Publisher: United Nations Publications
  • ISBN: 9789211128147
  • Category: Business & Economics
  • Page: 141
  • View: 4514
DOWNLOAD NOW »
"UNCTAD/DIAE/IA/2010/1"-- P. [4] of cover.

The Use of Economics in International Trade and Investment Disputes

The Use of Economics in International Trade and Investment Disputes

  • Author: Theresa Carpenter,Marion Jansen,Joost Pauwelyn
  • Publisher: Cambridge University Press
  • ISBN: 1107144906
  • Category: Law
  • Page: 426
  • View: 3306
DOWNLOAD NOW »
Containing contributions from both academic experts and practitioners and from economic and legal experts, this book explores the use of economics in international economic law.

Parental Supervision

Parental Supervision

The New Paradigm for Foreign Direct Investment and Development

  • Author: Theodore H. Moran
  • Publisher: Peterson Institute
  • ISBN: 9780881323139
  • Category: Business & Economics
  • Page: 80
  • View: 9022
DOWNLOAD NOW »
Parental Supervision amplifies the research Theodore Moran first presented in Foreign Direct Investment and Development (1998), assessing the opportunities and dangers that foreign direct investment may present to the growth of developing countries. Moran uses almost 50 percent more case studies than the earlier work to examine two types of foreign investments: (1) those that are tightly integrated into the parent firm's strategy and (2) those that are hindered by joint-venture and domestic-content requirements. The study is a comparison between these two types of foreign operations how backward linkages to local suppliers, operations of local affiliates, and the spillovers and externalities in the host economy differ from one type of foreign operation to the other. In tightly integrated networks, not only is the performance of local affiliates superior and upgraded more continuously, but also, surprisingly, the backward linkages from the affiliates to local suppliers tend to be larger and more robust. Moran reviews contemporary efforts to measure the impact of simultaneous trade and investment liberalization on host country welfare, finding that the magnitude of both the benefits and the costs may be far greater than conventional wisdom suggests.

Optimal Regulation and the Law of International Trade

Optimal Regulation and the Law of International Trade

The Interface between the Right to Regulate and WTO Law

  • Author: Boris Rigod
  • Publisher: Cambridge University Press
  • ISBN: 1316453774
  • Category: Law
  • Page: N.A
  • View: 4378
DOWNLOAD NOW »
Are the limitations imposed on World Trade Organization (WTO) members' right to regulate efficient? This is a question that is only scarcely, if ever, analysed in existing literature. Boris Rigod aims to provide an answer to this fundamental concern. Using the tools of economic analysis and in particular the concept of economic efficiency as a benchmark, the author states that domestic regulatory measures should only be subject to scrutiny by WTO bodies when they cause negative international externalities through terms of trade manipulations. He then suggests that WTO law, applied by the WTO judiciary can prevent WTO members from attaining optimal levels of regulation. By applying a law and economics methodology, Rigod provides an innovative solution to the problem of how to reconcile members' regulatory autonomy and WTO rules as well as offering a novel analytical framework for assessing domestic regulations in the light of WTO law.

World Development Report 2017

World Development Report 2017

Governance and the Law

  • Author: World Bank Group
  • Publisher: World Bank Publications
  • ISBN: 1464809518
  • Category: Business & Economics
  • Page: 304
  • View: 7320
DOWNLOAD NOW »
Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.

Limits to Free Trade

Limits to Free Trade

Non-tariff Barriers in the European Union, Japan and United States

  • Author: David Hanson
  • Publisher: Edward Elgar Publishing
  • ISBN: 184980334X
  • Category: Business & Economics
  • Page: 224
  • View: 3234
DOWNLOAD NOW »
Limits to Free Trade ranges over a wide diversity of relevant issues ranging from international agreements, to regional trade policies, to import trade barriers, to movements for trade reforms. Informed, informative, and strongly recommended for academic library reference and resource collections, Limits to Free Trade is a model of detailed and articulate scholarship. The Midwest Book Review This book explores the growing list of non-tariff trade barriers raised by the US, EU and Japan and assesses the prospects for significant trade liberalization. The author examines the liability of global free trade through a review of the complaints that these three countries raised about each other over a five-year period. He concludes that free trade may be increasingly hampered as barriers are created more rapidly than can be resolved, and that the prospects for significantly strengthening safeguards are limited. These issues are analyzed in the contexts of the major WTO trade agreements and the political economy of decision-making in the US, EU and Japan. The author concludes that the growing problems are endemic to the system and are not amenable to easy remedy. He tackles topics including international agreements, the trade policy processes in the three regions, issues concerning trade practices, import trade barriers in the EU, and prospects for reform. Scholars, students and practitioners in business economics, international business, and international economics will find much of interest in this book.

International Investment Law. The Sources of Rights and Obligations

International Investment Law. The Sources of Rights and Obligations

  • Author: Tarcisio Gazzini,Eric De Brabandere
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004214534
  • Category: Law
  • Page: 364
  • View: 8214
DOWNLOAD NOW »
Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.