The Use Of Economics In International Trade And Investment Disputes
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Author | : Marion Jansen |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-04-20 |
Genre | : Law |
ISBN | : 1107144906 |
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.
Author | : Manfred Elsig |
Publisher | : Cambridge University Press |
Total Pages | : 520 |
Release | : 2021-07-22 |
Genre | : Political Science |
ISBN | : 1108967124 |
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
Author | : Theresa Carpenter |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-04-20 |
Genre | : Law |
ISBN | : 1316824632 |
Twenty-first-century trade agreements increasingly are a source of international law on investment and competition. With chapters contributed by leading practitioners and academics, this volume draws upon investor-state arbitration and competition/antitrust disputes to focus on the application of economics to international trade law and specifically WTO law. Written in an accessible language suitable for a broad readership while providing concrete insights designed for the specialist, this book will be of use to those active or interested in the related fields of trade disputes, competition law, and investor-state arbitration.
Author | : Jonathan Bonnitcha |
Publisher | : Oxford University Press |
Total Pages | : 354 |
Release | : 2017 |
Genre | : Business & Economics |
ISBN | : 019871954X |
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Author | : Rodrigo Polanco |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2019-01-10 |
Genre | : Law |
ISBN | : 1108473385 |
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author | : Mitchell, Andrew D. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2021-09-21 |
Genre | : Law |
ISBN | : 1788973674 |
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.
Author | : Chad P. Bown |
Publisher | : Cambridge University Press |
Total Pages | : 693 |
Release | : 2010-01-07 |
Genre | : Business & Economics |
ISBN | : 0521119979 |
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Author | : Vivienne Bath |
Publisher | : Routledge |
Total Pages | : 284 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 1136581057 |
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Author | : Leïla Choukroune |
Publisher | : Springer |
Total Pages | : 231 |
Release | : 2016-12-10 |
Genre | : Law |
ISBN | : 9811023603 |
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.
Author | : Yusuf Aksar |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 220 |
Release | : 2011-09-23 |
Genre | : Business & Economics |
ISBN | : 9004203834 |
Implementing International Economic Law focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It demonstrates that the practice of international adjudicative bodies such as the WTO and the ICSID went beyond merely interpreting and applying the rules of law and became international organisations as “law-makers”. This is where the sources of international law play a crucial role.