Download or read book Interpreting NAFTA written by Frederick Mayer and published by Columbia University Press. This book was released on 1998 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text on the free trade agreement between the US and Mexico, which was ratified in 1993, provides a history of the agreement's development, from opening talks to final passage. It describes the opposition to the agreement and the actions taken to facilitate its eventual ratification.
Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Download or read book Toward Uniformly Accepted Principles for Interpreting MFN Clauses written by Nudrat Ejaz Piracha and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.
Download or read book The Politics of Fiscal Federalism written by Adam Harmes and published by McGill-Queen's Press - MQUP. This book was released on 2019-05-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What does federalism have to do with the political struggle between conservatives and progressives over economic policy? How do economic theories of fiscal federalism influence European, North American, and global forms of governance? In the first comprehensive account of the left-right politics of multilevel governance across federal, regional, and global levels, Adam Harmes identifies both free-market and interventionist political projects related to fiscal federalism. Harmes argues that these political projects and the interests that promote them explain a diverse range of phenomena across national contexts, across levels of governance, and over time. This includes the left-right dynamics of US and Canadian federalism, the free-market origins of British euroscepticism and the Brexit vote, the complex politics behind the NAFTA renegotiations, and the emergence of both populist and progressive challenges to global free trade. A highly accessible outline of fiscal federalism theory, The Politics of Fiscal Federalism also expands upon the broader value and policy differences between neoliberal, classical liberal, and Keynesian welfare economics on issues such as the role of the state, subnational and global trade, economic nationalism, and monetary integration. This original and innovative work demonstrates that a political economy approach is essential to the study of federalism, and why federalism and multilevel governance is a critical area of study for political economists.
Download or read book Interpretation in International Law written by Andrea Bianchi and published by OUP Oxford. This book was released on 2015-02-26 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties 30 Years on written by Malgosia Fitzmaurice and published by BRILL. This book was released on 2010-05-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
Download or read book North American Integration written by Gaspare M. Genna and published by Routledge. This book was released on 2013-07-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The course of events since the implementation of NAFTA has had unexpected elements with significant impacts on North American integration. First has been the rise of China as a larger source of imports and production partner than Mexico. Second has been the rise of security concerns since September 11, 2001. The result has been much stronger integration between Canada and the US than with Mexico. Migration issues are now linked with security, which has risen to a top priority in the international agenda. While liberalization has furnished strong economic incentives for integration, it has not provided a sufficient guide for the political process, which requires leadership and appropriate institutions to coordinate and regulate the special interest groups. A coherent and effective North American integration would be a valuable asset in the context of global integration and competition, yet the issues involved are quite complex and varied. North American Integration: An Institutional Void in Migration, Security and Development examines the current state of North American integration. Editors Gaspare M. Genna and David A. Mayer-Foulkes gather an international group of experts to give a broad, coherent picture of the current, multifaceted process of integration, and find that institutional development is an essential component. Divided into three sections, the book: - Discuss the determinants of integration and shows that the institutional characteristics of the three countries, including democracy and basic rights, are the most important. - Provides examples of institutional building in contexts for which institutions are lacking, specifically labor, migration and health issues. - Examines issues such as overall security arrangements, trade, drug related violence, energy, and the continuing wage gap among the countries, which have an important bearing on integration.
Download or read book Understanding NAFTA written by William A. Orme and published by University of Texas Press. This book was released on 1996 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Very readable book written during height of NAFTA debate. Remains a valuable resource for discussing impact of the trade agreement in Mexico and US"--Handbook of Latin American Studies, v. 57.
Download or read book Competitiveness and Death written by Gary Winslett and published by University of Michigan Press. This book was released on 2021-03-09 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competitiveness and Death examines the increase and reduction of regulatory barriers to trade across three industries: environmental, labor, and safety rules on automobiles, consumer protection regulations on meat, and intellectual property regulations on medicines. The fundamental negotiation in trade and regulatory policymaking occurs between businesses, activists, and government officials. Gary Winslett builds on new trade theories to explain when and why businesses are most likely to lobby governments to reduce these regulatory trade barriers. He argues that businesses prevail when they can connect with broader concerns about national economic competitiveness. He examines how activist organizations overcome collective action problems and defend regulatory differences, arguing that they succeed when they can link their desire for barriers with preventing needless death. Competitiveness and Death provides a political companion to new trade theories in economics, questioning cleavage-based explanations of trade politics, demonstrating the underappreciated importance of activists, suggesting the limits of globalization, providing in-depth examination of previously ignored trade negotiations, qualifying the California Effect (the shift toward stricter regulatory standards), and showing the relative rarity of regulations used as disguised protectionism.
Download or read book International Investment Law Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2008-03-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
Download or read book Trading Blows written by James Shoch and published by Univ of North Carolina Press. This book was released on 2003-01-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past two decades, trade policy has been high on the American political agenda, thanks to the growing integration of the United States into the global economy and the wealth of debate this development has sparked. Although scholars have explored many aspects of U.S. trade policy, there has been little study of the role played by party politics. With Trading Blows, James Shoch fills that gap. Shoch offers detailed case studies of almost all of the major trade issues of the Reagan, Bush, and Clinton eras, including administrative and legislative efforts to curb auto, steel, and other imports and to open up markets in Japan and elsewhere, as well as free-trade initiatives such as the North American Free Trade Agreement (NAFTA), the General Agreement on Tariffs and Trade (GATT) treaty that concluded the Uruguay Round of international trade talks, the extension of presidential fast-track trade negotiating authority, and the approval of permanent normal trade relations with China. In so doing, he explains the complex patterns of party competition over U.S. trade policy since 1980 and demonstrates the significant impact that party politics has had on the nation's recent trade policy decisions.
Download or read book ICSID Reports Volume 6 written by James Crawford and published by Cambridge University Press. This book was released on 2004-05-13 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ICSID Reports provides the only comprehensive collection of the decisions of arbitral tribunals and ad hoc committees established under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes. These decisions make an important contribution to the highly specialised jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). Volume 6 includes the annulment decisions of 5 February 2002 in Wena Hotels Ltd. v. Arab Republic of Egypt and of 3 July 2002 in Compania de Aguas del Aconquija SA and Vivendi Universal v. Argentine Republic; it also includes the award of 11 September 2002 in Mondev International Ltd v. USA as well as the award of 9 January 2003 in ADF Group Inc. v. USA.
Download or read book Permanent Investment Courts written by Güneş Ünüvar and published by Springer Nature. This book was released on 2020-09-17 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.
Download or read book Knowledge Borders written by Kathrine E. Richardson and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key sections of the North American Free Trade Agreement (NAFTA) deal with temporary labor mobility. Ideally, NAFTA status provisions should make the temporary movement of professionals easier across the border of all NAFTA countries. However, in the case of some key sectors, it is arguably not the case. Within the context of recent literature on cross-border trade, city regions, regionalism, international labor mobility, and post-September 11 security measures, this book probes the dynamics of transitory immigration of ‘knowledge-workers’ between the North American west coast city regions of Vancouver, Seattle, and the greater San Francisco Bay and Silicon Valley area. This book includes in-depth interviews with Canadian and US immigration officials, immigration attorneys and executives and professional staff of new technology firms and Fortune 500 companies. It ultimately explores whether or not the Canada–US border is an impediment to the development of a cross-border high-tech clusters.
Download or read book An Empirical Study of the Fair and Equitable Treatment Standard Clause written by Patrick Dumberry and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the vast majority of investment treaties include a fair and equitable treatment (FET) clause, a considerable degree of variation in the actual content of the clause remains. In this important book by a well-known authority in international investment law analyses how tribunals have concretely interpreted FET clauses in relation to the minimum standard of treatment (MST), with detailed reference to all publicly available awards dealing with the provision rendered by arbitral tribunals in the past 25 years. This first comprehensive survey of case law since the 2012 UNCTAD Report highlights the following important trends: tribunals have interpreted the status of a FET clause and its relationship with the MST differently depending on the specific wording of each provision; how a tribunal analyses the status of a clause has a direct impact on the interpretation (broad or narrow) it gives to the content of the standard, including whether or not it includes protecting investors’ legitimate expectations; the way a tribunal analyses this issue has, in turn, a direct impact on how it addresses matters of liability and compensation; and the success rate of claims filed under ‘stand-alone’ FET clauses (containing no mention of ‘international law’ or any other standard) and those referring to ‘international law’ is much higher compared to clauses expressly linked to the MST. This book is the first to provide solid empirical evidence showing that the scope of the FET protection under a treaty very much depends on the type of clause being applied by a tribunal. The author’s thorough analysis will provide arbitrators and counsel with useful guidelines to assess how the clause has been interpreted by tribunals. It will also offer States and other stakeholders an in-depth analysis of some of the pitfalls and benefits that are associated with each different type of FET clause.
Download or read book Annuaire Canadien de Droit International 1995 written by Don M. McRae and published by UBC Press. This book was released on 1996 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Yearbook of International Law 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 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 The Vienna Convention on the Law of Treaties in Investor State Disputes written by Esmé Shirlow and published by Kluwer Law International B.V.. This book was released on 2022-08-25 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.
