Download or read book Canadian Investment Treaty Policy written by and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection and ISDS have been particularly controversial aspects of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Trans-Pacific Partnership (TPP) and of the negotia- tion of the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States. [...] In 1974, this general antipathy toward foreign investment culmin- ated in the United Nations Declaration on the Establishment of a New International Economic Order and the Charter of Economic Rights and Duties of States, both of which affirmed the right of states to regulate foreign investment and rejected inter- national standards in favour of individual state policies. [...] In 37 percent of the cases, the final decision was in favour of the state, rather than the investor (27 percent of the cases); 24 percent of the claims were settled by the parties; 10 percent were discontinued; and in 2 percent, liability was found, but no damages were awarded. [...] Critics also argue that the broad scope of investment obligations and threats of ISDS claims result in regulatory chill and impede government meas- ures to protect the public interest.21 For example, the preamble to the "Public Statement on the International Investment Regime" (2010), signed by a group of academics, states: "We have a shared concern for the harm done to the public welfare by the i [...] In the face of criticism of investment provisions and ISDS in the TTIP, the European Commission suspended negotiations on ISDS and launched a 90-day public consultation on the issue.
Download or read book Canadian Investment Treaty Policy written by Andrew Newcombe and published by . This book was released on 2017 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report of the Investment Policy Advisory Committee for Trade on the North American Free Trade Agreement written by United States. Investment Policy Advisory Committee for Trade and published by . This book was released on 1992 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canadian Investment Treaties with African Countries written by J. Anthony VanDuzer and published by . This book was released on 2016 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 2013 and 2015, Canada signed nine (9) bilateral investment treaties (BITs) with countries in Africa, making Canada one of the most active participants in BIT negotiations on the continent. This paper demonstrates that Canada was remarkably successful in imposing its model investment treaty on its African partners. Canada's success might be considered surprising in light of several factors that should have encouraged African countries to be more aggressive in asserting their own priorities in BIT negotiations. The increasing number of highly public Investor-state arbitration cases have made clear the strong binding character of BITs compared to other international obligations and the corresponding need for host states to ensure that treaties reflect their own investment policy priorities. In seeking to do so, African countries would have been able look to African regional initiatives, such as the COMESA Investment Agreement and the SADC Model Bilateral Investment Treaty for expressions of made in African investment policies. Innovations from developed country practice have been incorporated in these initiatives but so have a variety of distinctive features. African negotiators would also have had the benefit of the substantial work done by UNCTAD and others to promote understanding of investment treaties and to provide options for new forms of international investment rules to make BITS more supportive of sustainable development, especially in developing countries. Despite stronger incentives for African countries to assert themselves in BIT negotiations and more resources for them to draw on, however, recent BITS with Canada suggest that political and economic power continue to define the outcome of negotiations.
Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
Download or read book China s Treaty Policy and Practice in International Investment Law and Arbitration written by G. Matteo Vaccaro-Incisa and published by BRILL. This book was released on 2021-04-26 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
Download or read book Dismantling Democracy written by Canadian Centre for Policy Alternatives and published by Lorimer. This book was released on 1998 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: 1 The MAI and Its Implications for Canadians 2 Multilateral Deregulation of Investment 3 The MAI and Competitive Austerity 4 The MAI and Labour Standards 5 The MAI and Environmental Regulation 6 The MAI and National and International Development 7 The MAI and Canada - Sectoral Impacts
Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Globalization and the North written by Noel Schacter and published by Canadian Centre Policy Alternatives. This book was released on 2004 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Why Omitting General Public Policy Exceptions from Investment Treaties is a Setback for the Right to Regulate written by Wolfgang Alschner and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to a recent Perspective on "The new Canadian Model investment treaty," this article explores the reasons why the omission of general public policy exceptions in investment treaties is a setback for the right to regulate.
Download or read book Redesigning Canadian Trade Policies for New Global Realities written by Stephen Tapp and published by Art of the State. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International trade and investment are central to economic prosperity. But new global realities, including rising antitrade sentiment, are challenging long-held policy approaches in these areas. With the global trading system at a critical juncture, now is the time to examine new trade realities and explore appropriate responses. In this volume, the culmination of a comprehensive interdisciplinary research initiative, the Institute for Research on Public Policy has brought together groundbreaking contributions from more than thirty experts in eight different countries. Together, they analyze how longer-term changes and emerging trends in international commerce, technology and economic power are affecting Canada, and what these changes mean for public policy. The authors take an in-depth, firm-level look at Canada's trade, and assess its integration in global value chains. They provide a rigorous analytical framework, supported by new empirical evidence, that will help readers better understand the global economy. Among the topics they examine are the new business models driving the more fragmented and global nature of production; the technological developments that are allowing new traders to expand their reach; and the shift in economic activity toward emerging markets that is dispersing power and raising new challenges for trade negotiations. The editors' conclusion distills the research findings into a forward-looking policy agenda for more inclusive trade." --
Download or read book Bilateral Investment Treaties 1995 2006 written by and published by United Nations Publications. This book was released on 2007-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The secretariat of the United Nations Conference on Trade and Development (UNCTAD) is implementing a programme on international investment arrangements. It monitors the trends in IIAs and analyzes the emerging issues and development implications. It seeks to help developing countries participate as effectively as possible in international investment rulemaking. ... This paper is part of the programme's research and policy analysis on international investment policies for development. ... The main objective of this paper is to update UNCTAD's 1998 study entitled Bilateral Investment Treaties in the Mid-1990s and to identify trends in the normative developments of each of the elements typically addressed in BITs since this last stocktaking in 1998. The study traces and explains the new issues that have emerged in recent BITs and also sets out the implications of those developments for developing countries."--Pref.
Download or read book Bilateral Investment Treaties and Development Policy making electronic Resource written by Luke Eric Peterson and published by International Institute for Sustainable Development = Institut international du développement durable. This book was released on 2004 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Most favoured nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Download or read book Canadian Government Policies Toward Inward Foreign Direct Investment written by Steven Globerman and published by Industrie Canada. This book was released on 1998 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first section of this report identifies and discusses the range of policies that governments can implement to directly or indirectly influence inward foreign direct investment (FDI), as well as the behaviour of multinational companies in the host market. The following section sets out public policy criteria against which to evaluate the consequences of Canadian government policies toward inward FDI. The next section reviews the determinants of inward FDI, drawing upon the existing economic and international business literature. The subsequent two sections contain a broad overview of inward FDI patterns to Canada over the post-war period, with preliminary inferences about the influence of public policies on inward FDI flows, and discuss significant policy initiatives directed at influencing either the quantity of quality of inward FDI. These include the Foreign Investment Review Act, the Investment Canada Act, and the North American Free Trade Agreement. This is followed by a section that identifies Canadian government policies directed at restricting inward FDI at the sectoral level (financial services, oil and gas, communications). Welfare economics arguments for and against sectoral foreign ownership restrictions are considered. Original economic models of FDI for Canada are then discussed and case studies are presented of the consequences of foreign ownership and the impacts of foreign ownership policies on the three sectors mentioned above. The final section concludes the report with a summary and a set of policy recommendations.
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.
