Settlements of Trade Disputes between China and Latin American Countries

Settlements of Trade Disputes between China and Latin American Countries
Author: Dan Wei
Publisher: Springer
Total Pages: 226
Release: 2015-07-06
Genre: Law
ISBN: 366246425X

Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.

Trade Agreements, Investment Protection and Dispute Settlement in Latin America

Trade Agreements, Investment Protection and Dispute Settlement in Latin America
Author: Belén Olmos Giupponi
Publisher: Kluwer Law International B.V.
Total Pages: 269
Release: 2019-01-15
Genre: Law
ISBN: 9041186190

In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.

Preferential Trade Agreement Policies for Development

Preferential Trade Agreement Policies for Development
Author: Jean-Pierre Chauffour
Publisher: World Bank Publications
Total Pages: 537
Release: 2011-06-22
Genre: Business & Economics
ISBN: 0821386433

The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.

The Rule of Law at the National and International Levels

The Rule of Law at the National and International Levels
Author: Machiko Kanetake
Publisher: Bloomsbury Publishing
Total Pages: 489
Release: 2016-04-21
Genre: Law
ISBN: 1782256156

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

World Trade and Investment Law Reimagined

World Trade and Investment Law Reimagined
Author: Alvaro Santos
Publisher: Anthem Press
Total Pages: 280
Release: 2019-06-28
Genre: Law
ISBN: 1783089733

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.

China and the WTO

China and the WTO
Author: Henry Gao
Publisher: Cambridge University Press
Total Pages: 571
Release: 2023-09-28
Genre: Law
ISBN: 1009291785

Offers a multidisciplinary, systematic assessment of China's twenty years in the WTO, highlighting the opportunities and challenges that China presents.

Accession to the World Trade Organization

Accession to the World Trade Organization
Author: Dylan Geraets
Publisher: Edward Elgar Publishing
Total Pages: 303
Release: 2018-02-23
Genre: Business & Economics
ISBN: 1788112598

This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ‘rules’ and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.

Globalization and Development

Globalization and Development
Author: José Antonio Ocampo
Publisher: Stanford University Press
Total Pages: 238
Release: 2003
Genre: Business & Economics
ISBN: 9780804749565

Globalization and Development draws upon the experiences of the Latin American and Caribbean region to provide a multidimensional assessment of the globalization process from the perspective of developing countries. Based on a study by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), this book gives a historical overview of economic development in the region and presents both an economic and noneconomic agenda that addresses disparity, respects diversity, and fosters complementarity among regional, national, and international institutions. For orders originating outside of North America, please visit the World Bank website for a list of distributors and geographic discounts at http://publications.worldbank.org/howtoorder or e-mail [email protected].

Linking Global Trade and Human Rights

Linking Global Trade and Human Rights
Author: Daniel Drache
Publisher: Cambridge University Press
Total Pages: 407
Release: 2014-03-20
Genre: Business & Economics
ISBN: 110704717X

This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance. It brings together a wide ranging group of leading experts in international law, trade, human rights, political economy, international relations, and public policy who have been asked to reflect on this important development in globalization.

China-Africa Dispute Settlement

China-Africa Dispute Settlement
Author: Won Kidane
Publisher: Kluwer Law International B.V.
Total Pages: 571
Release: 2011-11-02
Genre: Law
ISBN: 9041142843

The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.