Protecting Investment In Services

Author : Martín Molinuevo
Publisher : Kluwer Law International B.V.
Page : 336 pages
File Size : 42,9 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142924

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Protecting Investment in Services by Martín Molinuevo Pdf

This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 41,7 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

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Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

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.

Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 49,7 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383

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Full Protection and Security in International Investment Law by Sebastián Mantilla Blanco Pdf

This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

Author : John M. Leonetti
Publisher : John Wiley & Sons
Page : 259 pages
File Size : 49,8 Mb
Release : 2008-11-03
Category : Business & Economics
ISBN : 9780470400708

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Exiting Your Business, Protecting Your Wealth by John M. Leonetti Pdf

Written by John Leonetti—attorney, wealth manager, merger and acquisition associate, and fellow exiting business owner in his own right—Exiting Your Business, Protecting Your Wealth will guide you in thoughtfully planning out your exit options as well as helping you analyze your financial and mental readiness for your business exit. Easy to follow and essential for every business owner, this guide reveals how to establish an exit strategy plan that is in harmony with your goals.

Author : Martín Molinuevo
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2012
Category : Law
ISBN : 9041138277

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Protecting Investment in Services by Martín Molinuevo Pdf

La 4e de couverture indique : "International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international trade law, embodied in the WTO agreements. Foreign investment is governed by international investment law, consisting of a vast network of investment agreements, including bilateral investment treaties (BITs) and preferential trade agreements (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the rights and obligations featured in the two frameworks are not always compatible, this legal overlap reduces transparency and undermines governments' regulatory capacity in an unanticipated manner. This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? - How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments' policymaking capacity? - Who can gain access to investor-State arbitration and WTO dispute settlement?. The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures. Policymakers will find relevant insights in this work, as it provides a thorough review of legal matters that limit policy decisions and bring about possible contradictions between the two bodies of international economic law. Legal practitioners will benefit from the book's clear guidelines on the pros and cons of the trade and investment legal frameworks, and under what conditions each system is best suited to protect foreign investment in services."

Author : Jonathan Fisher
Publisher : Sweet & Maxwell
Page : 734 pages
File Size : 54,5 Mb
Release : 2003
Category : Financial services industy
ISBN : 0421673001

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The Law of Investor Protection by Jonathan Fisher Pdf

This series enables practitioners to stay up to date with litigation and developments in the field of entertainment law. Emphasis is placed on the practical implications of relevant legislative developments and the effects of technology on artists, rights owners and collecting societies

Author : Booysen, Sandra
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 55,9 Mb
Release : 2021-12-07
Category : Law
ISBN : 9781800884625

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Financial Advice and Investor Protection by Booysen, Sandra Pdf

This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 499 pages
File Size : 55,7 Mb
Release : 2013-03-14
Category : Law
ISBN : 9781107328648

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Harnessing Foreign Investment to Promote Environmental Protection by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

Author : United States. Office of the U.S. Trade Representative
Publisher : Office of the United States Trade Representative
Page : 514 pages
File Size : 40,8 Mb
Release : 1994
Category : Law
ISBN : 0160430372

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Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations by United States. Office of the U.S. Trade Representative Pdf

Author : Carolina Arriagada Peters,David Coble,Toby X. Li,Brendan Lewis
Publisher : Routledge
Page : 454 pages
File Size : 50,9 Mb
Release : 2021-11-30
Category : Political Science
ISBN : 9781000469929

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Investment Aftercare Explained by Carolina Arriagada Peters,David Coble,Toby X. Li,Brendan Lewis Pdf

This book is the first to systematically map the last step of the foreign investor’s journey, usually referred to as post-investment, aftercare or business retention and expansion. It provides a wide range of approaches and strategies for host economies to better retain foreign investors, encourage follow-on expansions and achieve greater local economic embeddedness through a multi-stakeholder dialogue, leading to improvement of the overall business climate. Global foreign direct investments reached US$1.5 trillion in 2019, but this figure reduced by over 42% in 2020, due to the pandemic. Against this backdrop, retaining established investors became even more important. Numerous organisations all over the world are dedicated to attracting foreign companies to invest in their markets. Facilitating this effort is a dynamic and competitive industry that involves international organisations supporting capacity building, think tanks, academia and consultants. However, once foreign companies decide to invest, a critical question arises: how can host economies grow and retain these foreign investments? Many host governments could do much better, as there is very little post-investment support for these foreign companies to help them grow their businesses throughout different stages of investment, business and economic cycles. This is where aftercare comes in. In this book, the authors include diverse examples from around the world to demonstrate aftercare best practices in action. This book is an essential read for all public administration staff related to FDI attraction and promotion, practitioners in the private sector and FDI consultants. It will also be of great interest to multilateral organisations seeking to organise seminars and training courses for capacity building. The book will also benefit researchers, academics and postgraduate students of international relations, foreign trade and internationalisation. For further information, see www.aftercareexplained.com.

Author : Canada,Canada. Department of Foreign Affairs and International Trade
Publisher : Unknown
Page : 43 pages
File Size : 40,7 Mb
Release : 1998
Category : Canada
ISBN : 0660612585

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Investment Protection : Agreement Between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (with Annexes), San José, March 18, 1998, in Force September 29, 1999 by Canada,Canada. Department of Foreign Affairs and International Trade Pdf

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 53,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

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Investment Law within International Law by Freya Baetens Pdf

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Author : Simon Klopschinski,Christopher Gibson,Henning Grosse Ruse-Khan
Publisher : Oxford International Arbitrati
Page : 360 pages
File Size : 41,8 Mb
Release : 2020-07-14
Category : Law
ISBN : 019871226X

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The Protection of Intellectual Property Rights Under International Investment Law by Simon Klopschinski,Christopher Gibson,Henning Grosse Ruse-Khan Pdf

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.

Author : Carlos M. Correa,Nagesh Kumar
Publisher : Zed Books Ltd.
Page : 163 pages
File Size : 40,8 Mb
Release : 2013-07-04
Category : Business & Economics
ISBN : 9781848137608

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Protecting Foreign Investment by Carlos M. Correa,Nagesh Kumar Pdf

Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives. The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations. This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.

Author : Teerawat Wongkaew
Publisher : Cambridge University Press
Page : 309 pages
File Size : 55,7 Mb
Release : 2019-02-14
Category : Law
ISBN : 9781108474283

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Protection of Legitimate Expectations in Investment Treaty Arbitration by Teerawat Wongkaew Pdf

Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration