Download or read book Shareholders Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.
Download or read book Mega Regional Trade Agreements written by Thilo Rensmann and published by Springer. This book was released on 2017-07-20 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Download or read book Treaty Shopping in International Investment Law written by Jorun Baumgartner and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how arbitral tribunals have dealt with the value judgment at the core of the distinction between 'objectionable' and 'unobjectionable' treaty shopping, this book suggests how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping.
Download or read book Integrating Sustainable Development Into International Investment Agreements written by John Anthony VanDuzer and published by Commonwealth Secretariat. This book was released on 2013 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.
Download or read book Canadian Yearbook of International Law written by D M McRae and published by Dundurn. This book was released on 2011-02-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the forty-seventh volume of The Canadian Yearbook of International Law, the first volume of which was published in 1963. The Yearbook is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Editor-in-Chief is D.M. McRae, Faculty of Law, University of Ottawa, and the Associate Editor is A.L.C. de Mestral, Faculty of Law, McGill University. Its Board of Editors includes scholars from leading universities in Canada. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent Canadian treaties, and book reviews.
Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013 with total page 442 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 NAFTA and Sustainable Development written by Hoi L. Kong and published by Cambridge University Press. This book was released on 2015-08-07 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The North American Free Trade Agreement (NAFTA) and its companion agreement, the North American Agreement on Environmental Cooperation (NAAEC), provide important and often underappreciated protection for the environmental laws of the Party states: Canada, Mexico, and the United States. On the twentieth anniversary of NAFTA's ratification, this book assesses the current state of environmental protection under those agreements. Bringing together scholars, practitioners, and regulators from all three Party states, it outlines the scope and process of NAFTA and NAAEC, their impact on specific environmental issues, and paths to reform. It includes analyses of the impact of the agreements on such matters as bioengineered crops in Mexico, assessment of marine environmental effects, potential lessons for China, climate change, and indigenous rights. Together, the chapters of this book represent an important contribution to the global conversation concerning international trade agreements and sustainable development.
Download or read book Trade Investment and Labour written by Ruben Zandvliet and published by BRILL. This book was released on 2022-09-19 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how international economic law affects the ability of states to regulate labour. It analyses the interactions between relevant norms and explains how linkages between economic law and labour navigate between two notions: fair competition and fundamental rights.
Download or read book Beyond the Barricades written by Marie-Claire Cordonier Segger and published by Routledge. This book was released on 2017-11-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the barricades surrounding recent economic meetings, a constructive agenda is being developed on trade and sustainability issues in the Americas. This book brings together a diversity of perspectives and expertise on environment and development issues from governments, civil society and businesses in the Western Hemisphere. The book reviews specific areas where trade, environment and social policies intersect in the Americas, proposing that more integrated laws and policies could strengthen hemispheric progress toward sustainable development. It identifies new means of implementing this agenda, including changes to proposed trade agreements such as the FTAA, and ways to strengthen environmental and social cooperation mechanisms in the region, laying out future directions for law and policy in the region. The volume incorporates a variety of perspectives with policy options and research results from across the Americas. Critical yet constructive, it will appeal to students and scholars interested in the Americas integration process, as well as to development professionals and NGOs on the ground.
Download or read book International Investment Protection of Global Banking and Finance written by Arif H. Ali and published by Kluwer Law International B.V.. This book was released on 2021-09-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
Download or read book Latin American Investment Protections written by Jonathan C. Hamilton and published by Martinus Nijhoff Publishers. This book was released on 2012-05-10 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America.
Download or read book Emissions Trading Schemes under International Economic Law written by James Munro and published by Oxford University Press. This book was released on 2018-08-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.
Download or read book Trade Agreements at the Crossroads written by Susy Frankel and published by Routledge. This book was released on 2013-11-20 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines trade agreements in the context of the current world economic crisis and the uncompleted World Trade Organization (WTO) Doha Round of trade negotiations. With economies shrinking and protectionism on the rise, many fear a protracted global recession. This raises important questions as to what role trade agreements – multilateral, plurilateral, and bilateral – should be playing in the current climate of uncertainty, and how best to plan for a more stable economic future. Previous assumptions are now being questioned, making this an opportune time to critically examine the WTO, free trade agreements, bilateral investment treaties, and other international economic law instruments. Furthermore, participants in international agreements are concerned with emerging issues that have the potential to strengthen or weaken the global trading system, including matters of treaty interpretation; terms of new agreements; and effects of existing provisions. This book provides a timely addition to the international economic law literature, as its submissions have been prepared during a time of unusual uncertainty and economic change; individuals interested in international economic law will seek scholarship that recognizes the current international economic climate. This book should be of interest to a wide range of academics and student researchers, as well as policymakers and practitioners.
Download or read book Law of International Trade in the Region of the Caucasus Central Asia and Russia written by Alexander Trunk and published by BRILL. This book was released on 2022-12-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives a first-time structured overview of trade-related aspects of international economic law and comparative commercial law, including dispute resolution, in the Eurasian region. It is focused on the countries in the Caucasus, Central Asia, as well as Russia.
Download or read book OECD Food and Agricultural Reviews Agricultural Policies in Costa Rica written by OECD and published by OECD Publishing. This book was released on 2017-04-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Costa Rica’s strong agricultural sector is underpinned by the country’s political stability, robust economic growth and high levels of human development. The sector has achieved significant export success, yet raising productivity and staying competitive in world markets will require efforts to ...
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Download or read book The Origin of Goods written by Olivier Cadot and published by OUP Oxford. This book was released on 2006-02-23 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dark side of preferential trade agreements, Rules of Origin (RoO) are used to determine the eligibility of goods to preferential treatment. Ostensibly meant to prevent the trans-shipment of imported products across Free Trade Agreement borders after superficial screwdriver assembly, they act in reality as complex and opaque trade barriers. This book provides evidence strongly suggesting that they do so by intent rather than accidentally—-in other words, that RoOs are policy. Part one draws insights about the effects of RoOs on cross-border trade and outsourcing from recent economic theory. Part two reviews the evidence on RoOs in preferential agreements around the world, putting together the most comprehensive dataset on RoOs to date. Part three explores their "political economy"—-how special interests have shaped them and continue to do so. Part four provides econometric evidence on their costs for exporters and consequent effects on trade flows. Finally, part five explores how they affect trade in the developing world where they spread rapidly and have the potential to do most harm. Beyond the collection of new evidence and its interpretation in light of recent theory, the book's overall message for the policy community is that RoOs are a potentially powerful and new barrier to trade. Rather than being relegated to closed-door technical meetings, their design should hold center-stage in trade negotiations.
