Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
Описание: Trading systems - the WTO, regional economic integrations and federal systems - are all based on the same dichotomy of free trade and local public interest: they generally prohibit the constituent parties (states) from restricting trade, but exempt them from this limitation if the restriction is warranted by a legitimate local end.
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 US 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 benefits 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' that includes new ways to link trade with protection for labour; measures to ensure that gains from trade are used to offset losses; new rules that can protect foreign investments without hamstringing developing governments or harming local communities; innovative procedures to allow developing countries the freedom to try innovative growth strategies; and methods to cope with new products.
Автор: Luigi F. Pedreschi Название: Public Services in EU Trade and Investment Agreements ISBN: 9462653828 ISBN-13(EAN): 9789462653825 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Chapter 1. An Introduction to Public Services and EU Law.- Chapter 2. Reframing the Debate: Public Services and International Economic Law.- Chapter 3. EU Trade and Investment Policy: The Role of Public Services.- Chapter 4. Scope: Determining the Breadth of the Internal and External Frameworks.- Chapter 5. Disciplines of the Internal and External Frameworks: Form, Application, and Effect.- Chapter 6. Safeguarding Public Services: Exceptions and Derogations of the Internal and External Frameworks.- Chapter 7. Enforcement of EU Trade and Investment Agreements.- Chapter 8. Conclusions.- Appendix.- Cases and Decisions.- Index.
Автор: Le?la Choukroune Название: Judging the State in International Trade and Investment Law ISBN: 9811023581 ISBN-13(EAN): 9789811023583 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Sornarajah, M. (national University Of Singapore) Название: The International law on foreign investment ISBN: 1107133629 ISBN-13(EAN): 9781107133624 Издательство: Cambridge Academ Рейтинг: Цена: 15998.00 р. Наличие на складе: Поставка под заказ.
Описание: A comprehensive survey of the quickly developing discipline of cognitive linguistics, its rich methodology, key results, and interdisciplinary context. Providing an accessible overview of research questions, basic concepts, and various theoretical approaches, the Handbook places linguistic facts in the context of gesture studies, neuroscience, computational approaches, and many other fields.
Автор: Cordonier Segger, Marie-Claire Название: Crafting Trade and Investment Accords for Sustainable Development ISBN: 019883134X ISBN-13(EAN): 9780198831341 Издательство: Oxford Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how trade and investment agreements can be used to promote sustainable development, including examples of innovative measures which have been adopted by States in regional and bilateral agreements. It looks at how international trade and investment law can contribute to achieving the UN Sustainable Development Goals.
Описание: 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.
Описание: This book explores the use of economics in international economic law. Containing contributions from both academic experts and practitioners, and from economic and legal experts, the book is written in a language that is accessible to an interdisciplinary readership.
Описание: Locknie Hsu brings together current trade, investment, innovation, intellectual property, competition and public health issues that impact upon access to medicines in Asia. This book will be useful to academic researchers, regulators, law-makers and global organizations involved in the issue of access to medicines.
Автор: Jola Gjuzi Название: Stabilization Clauses in International Investment Law ISBN: 3319972316 ISBN-13(EAN): 9783319972312 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
Описание: This book examines the challenges that ASEAN (Association of Southeast Asian Nations) members need to overcome in order to sustain and intensify economic growth.
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