The Protection Of National Security In Iias

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The Protection of National Security in IIAs

Anonim
The Protection of National Security in IIAs Book PDF

Author : Anonim
Publisher : Unctad Series on International
Page : 0 pages
File Size : 40,5 Mb
Release : 2009
Category : Business & Economics
ISBN : 9211127726

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The Protection of National Security in IIAs by Anonim Pdf

After almost two decades of nearly unequivocal support for investment liberalisation, many countries have started to re-evaluate these policies, and some have introduced adjustments, thereby exercising their right to regulate foreign investment to pursue domestic policy objectives. Security concerns have been invoked in relation to planned investments in so-called strategic industries and critical infrastructure. Thus, the issue has implications that go far beyond the defense-related activities for which the national security exception was initially designed. The paper explores the role of international investment agreements (IIAs) in connection with investment restrictions based on national security considerations, and what approaches there treaties have taken with regard to national security exceptions.

Elgar Encyclopedia of International Economic Law

Thomas Cottier,Krista Nadakavukaren Schefer
Elgar Encyclopedia of International Economic Law Book PDF

Author : Thomas Cottier,Krista Nadakavukaren Schefer
Publisher : Unknown
Page : 0 pages
File Size : 55,6 Mb
Release : 2017
Category : Foreign trade regulation
ISBN : 1784713538

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Elgar Encyclopedia of International Economic Law by Thomas Cottier,Krista Nadakavukaren Schefer Pdf

"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

National Security in International and Domestic Investment Law

Yuwen Li,Feng Lin,Cheng Bian
National Security in International and Domestic Investment Law Book PDF

Author : Yuwen Li,Feng Lin,Cheng Bian
Publisher : Taylor & Francis
Page : 230 pages
File Size : 52,6 Mb
Release : 2023-10-20
Category : Law
ISBN : 9781000971071

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National Security in International and Domestic Investment Law by Yuwen Li,Feng Lin,Cheng Bian Pdf

This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.

China's International Investment Strategy

Julien Chaisse
China s International Investment Strategy Book PDF

Author : Julien Chaisse
Publisher : Oxford University Press
Page : 576 pages
File Size : 48,5 Mb
Release : 2019-02-07
Category : Law
ISBN : 9780192562418

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China's International Investment Strategy by Julien Chaisse Pdf

Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

National Security Exceptions in International Trade and Investment Agreements

Sebastián Mantilla Blanco,Alexander Pehl
National Security Exceptions in International Trade and Investment Agreements Book PDF

Author : Sebastián Mantilla Blanco,Alexander Pehl
Publisher : Springer Nature
Page : 78 pages
File Size : 40,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9783030381257

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National Security Exceptions in International Trade and Investment Agreements by Sebastián Mantilla Blanco,Alexander Pehl Pdf

This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.

Integrating Sustainable Development in International Investment Law

Manjiao Chi
Integrating Sustainable Development in International Investment Law Book PDF

Author : Manjiao Chi
Publisher : Routledge
Page : 191 pages
File Size : 54,5 Mb
Release : 2017-10-10
Category : Business & Economics
ISBN : 9781317284222

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Integrating Sustainable Development in International Investment Law by Manjiao Chi Pdf

The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Integrating Sustainable Development Into International Investment Agreements

John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Integrating Sustainable Development Into International Investment Agreements Book PDF

Author : John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Commonwealth Secretariat
Page : 605 pages
File Size : 42,6 Mb
Release : 2013
Category : Business & Economics
ISBN : 9781849290869

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

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.

The Elgar Companion to the World Trade Organization

Julien Chaisse,Cristián Rodríguez-Chiffelle
The Elgar Companion to the World Trade Organization Book PDF

Author : Julien Chaisse,Cristián Rodríguez-Chiffelle
Publisher : Edward Elgar Publishing
Page : 951 pages
File Size : 53,6 Mb
Release : 2023-12-11
Category : Political Science
ISBN : 9781800882867

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The Elgar Companion to the World Trade Organization by Julien Chaisse,Cristián Rodríguez-Chiffelle Pdf

This comprehensive Companion provides an extensive guide to understanding the World Trade Organization (WTO) and its impact on the global economy. Addressing the challenges facing the WTO amidst a rapidly evolving landscape, the book delves into the diverse trade policies of countries and regions, providing rare insights into their impact on the global trade governance frameworks.

Law and Practice of Investment Treaties

Andrew Paul Newcombe,Lluís Paradell
Law and Practice of Investment Treaties Book PDF

Author : Andrew Paul Newcombe,Lluís Paradell
Publisher : Kluwer Law International B.V.
Page : 644 pages
File Size : 44,9 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789041123510

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Law and Practice of Investment Treaties by Andrew Paul Newcombe,Lluís Paradell Pdf

The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

The Protection of Foreign Investment in Times of Armed Conflict

Jure Zrilic
The Protection of Foreign Investment in Times of Armed Conflict Book PDF

Author : Jure Zrilic
Publisher : Oxford University Press
Page : 272 pages
File Size : 48,6 Mb
Release : 2019-10-17
Category : Law
ISBN : 9780192566041

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The Protection of Foreign Investment in Times of Armed Conflict by Jure Zrilic Pdf

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Public Actors in International Investment Law

Catharine Titi
Public Actors in International Investment Law Book PDF

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 49,5 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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Public Actors in International Investment Law by Catharine Titi Pdf

This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

National Security Review of Foreign Investment

Cheng Bian
National Security Review of Foreign Investment Book PDF

Author : Cheng Bian
Publisher : Routledge
Page : 239 pages
File Size : 53,8 Mb
Release : 2020-03-19
Category : Business & Economics
ISBN : 9781000046311

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National Security Review of Foreign Investment by Cheng Bian Pdf

In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

The Protection of Intellectual Property Rights Under International Investment Law

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

Author : Simon Klopschinski,Christopher Gibson,Henning Grosse Ruse-Khan
Publisher : Oxford International Arbitrati
Page : 360 pages
File Size : 52,6 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.

Emerging Powers and the World Trading System

Gregory Shaffer
Emerging Powers and the World Trading System Book PDF

Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 345 pages
File Size : 50,7 Mb
Release : 2021-07-22
Category : Business & Economics
ISBN : 9781108495196

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Emerging Powers and the World Trading System by Gregory Shaffer Pdf

This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Investment Law Within International Law

Freya Baetens
Investment Law Within International Law Book PDF

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 54,5 Mb
Release : 2013-08
Category : Law
ISBN : 9781107038882

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Investment Law Within International Law by Freya Baetens Pdf

Analyses how solutions for resolving problems in investment law contribute to addressing problems in other international legal settings, and vice versa.