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 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 written by M. Fitzmaurice and published by BRILL. This book was released on 2010 with total page 397 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 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 325 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 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 Regional Governance in Post NAFTA North America written by Brian Bow and published by Routledge. This book was released on 2014-10-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years after NAFTA, the consensus seems to be that the regional project in North America is dead. The trade agreement was never followed up by new institutions that might cement a more ambitious regional community. The Security and Prosperity Partnership (SPP), launched with some fanfare in 2005, was quietly discontinued in 2009. And new cooperative ventures like the US‐Canada Beyond the Border talks and the US‐Mexico Merida Initiative suggest that the three governments have reverted to the familiar, pre‐NAFTA pattern of informal, incremental bilateralism. One could argue, however, that NAFTA itself has been buried, and yet the region somehow lives on, albeit in a form very different from regional integration in other parts of the world. A diverse group of contributors, from the United States, Canada, and Mexico, with experience in academia, government service, think tanks and the private sector bring to bear a sophisticated and much needed examination of regional governance in North America, its historical origins, its connection to the regional distribution of power and the respective governments’ domestic institutions, and the variance of its forms and function across different issue areas. The editors begin by surveying the literature on North American regional politics, matching up developments there with parallel debates and controversies in the broader literatures on comparative regional integration and international policy coordination more generally. Six contributors later explore the mechanisms of policy coordination in specific issue-areas, each with an emphasis on a particular set of actors, and with its own way of characterizing the relevant political and diplomatic dynamics. Chapters on the political context for regional policy coordination follow leading to concluding remarks on the future of North America. At a time when scholarly interest in North America seems to be waning, even while important and interesting political and economic developments are taking place, this volume will reinvigorate the study of North America as a region, to better understand its past, present and future.
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 261 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 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 406 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 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.
Download or read book The Practice of International and National Courts and the De Fragmentation of International Law written by Ole Kristian Fauchald and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Download or read book Environmental Aspects of the North American Free Trade Agreement written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1993 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Regional Integration written by Dr Finn Laursen and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features up-to-date studies of regional integration efforts in all major parts of the world, especially North America, South America, and East Asia. Comparisons are drawn between these efforts and those made in the EU, where integration has progressed much further. The book asks: what explains the variation in achievements? What kind of agreements and institutions are needed to produce regional integration? Is 'pooling and delegation' of sovereignty necessary to overcome 'collective action problems'? How important is regional leadership? This work is a major new contribution to the literature on regional integration, and will appeal to theorists, policymakers, students and other readers concerned about world developments. It will also be of value to courses covering international political economy, international relations and regional integration, at both undergraduate and graduate level.
Download or read book Greening the Americas written by Carolyn Deere-Birkbeck and published by MIT Press. This book was released on 2002 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Many of the papers included in this volume were first presented and discussed in the Spring of 2000 at a conference on lessons from the NAFTA for the FTAA"--Pref.
Download or read book Recueil Des Cours Collected Courses Volume 275 1998 written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 2000-12-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - La loi applicable à la garantie bancaire à premieère demande, par O. ELWAN, professeur à l'Université de Heidelberg; - The North American Free Trade Agreement: A Comparative Analysis by A.L.C. DE MESTRAL, Professor at McGill University, Montreal.
Download or read book Comparative Regional Integration written by Finn Laursen and published by Ashgate Publishing, Ltd.. This book was released on 2010 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features up-to-date studies of regional integration efforts, particularly those made in North America, South America, and East Asia. Comparisons are drawn between these efforts and those made in the EU, where integration has progressed much further. The book asks: what explains the variation in achievements? What kind of agreements are needed to produce regional integration? Is 'pooling and delegation' of sovereignty necessary? How important is regional leadership?
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.
