Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law

Author : Andrew D. Mitchell,David Heaton,Caroline Henckels
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 52,5 Mb
Release : 2016-12-30
Category : Business & Economics
ISBN : 9781785368097

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Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by Andrew D. Mitchell,David Heaton,Caroline Henckels Pdf

Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.

Author : Mitchell, Andrew D.,Sheargold, Elizabeth
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 52,9 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781788973670

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Principles of International Trade and Investment Law by Mitchell, Andrew D.,Sheargold, Elizabeth Pdf

This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

Author : Anselm Kamperman Sanders
Publisher : Edward Elgar Publishing
Page : 347 pages
File Size : 42,7 Mb
Release : 2014-10-31
Category : Political Science
ISBN : 9781783471225

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The Principle of National Treatment in International Economic Law by Anselm Kamperman Sanders Pdf

The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international tr

Author : Nicolas F. Diebold
Publisher : Cambridge University Press
Page : 128 pages
File Size : 49,6 Mb
Release : 2010-10-21
Category : Law
ISBN : 9781139492126

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Non-Discrimination in International Trade in Services by Nicolas F. Diebold Pdf

The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.

Author : Nicolas F. Diebold
Publisher : Cambridge University Press
Page : 434 pages
File Size : 40,9 Mb
Release : 2014-01-02
Category : Law
ISBN : 1107697662

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Non-Discrimination in International Trade in Services by Nicolas F. Diebold Pdf

The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.

Author : Thomas Cottier,Petros C. Mavroidis
Publisher : University of Michigan Press
Page : 480 pages
File Size : 51,5 Mb
Release : 2000-03-08
Category : Business & Economics
ISBN : 0472111000

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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law by Thomas Cottier,Petros C. Mavroidis Pdf

Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 52,5 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

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.

Author : Andrew D. Mitchell,Elizabeth Sheargold,Tania Voon
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 45,8 Mb
Release : 2017-11-24
Category : BUSINESS & ECONOMICS
ISBN : 9781785368172

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Regulatory Autonomy in International Economic Law by Andrew D. Mitchell,Elizabeth Sheargold,Tania Voon Pdf

Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Author : Anonim
Publisher : Unknown
Page : 456 pages
File Size : 48,6 Mb
Release : 2002
Category : Discrimination
ISBN : OCLC:52344796

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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law by Anonim Pdf

Author : Jürgen Kurtz
Publisher : Cambridge University Press
Page : 327 pages
File Size : 54,8 Mb
Release : 2016-01-25
Category : Law
ISBN : 9781107009707

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The WTO and International Investment Law by Jürgen Kurtz Pdf

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Author : Thomas Cottier,Petros C. Mavroidis
Publisher : Unknown
Page : 480 pages
File Size : 54,8 Mb
Release : 2000-03-08
Category : Business & Economics
ISBN : UOM:39015049482543

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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law by Thomas Cottier,Petros C. Mavroidis Pdf

Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.

Author : Pedro J. Martinez-Fraga,C. Ryan Reetz
Publisher : Cambridge University Press
Page : 471 pages
File Size : 47,6 Mb
Release : 2015-02-19
Category : Law
ISBN : 9781107081741

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Public Purpose in International Law by Pedro J. Martinez-Fraga,C. Ryan Reetz Pdf

This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.

Author : August Reinisch,Christoph Schreuer
Publisher : Cambridge University Press
Page : 1170 pages
File Size : 54,7 Mb
Release : 2020-06-30
Category : Law
ISBN : 1107013585

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International Protection of Investments by August Reinisch,Christoph Schreuer Pdf

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Author : Pierre Sauve,Aaditya Mattoo
Publisher : World Bank Publications
Page : 244 pages
File Size : 40,7 Mb
Release : 2003-08-29
Category : Political Science
ISBN : 9780821383438

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Domestic Regulation and Service Trade Liberalization by Pierre Sauve,Aaditya Mattoo Pdf

Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

Author : William J. Davey
Publisher : Martinus Nijhoff Publishers
Page : 361 pages
File Size : 40,6 Mb
Release : 2012-07-04
Category : Social Science
ISBN : 9789004233140

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Non-discrimination in the World Trade Organization by William J. Davey Pdf

International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.