World Trade and Investment Law Reimagined

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Release : 2019-06-28
Genre : Law
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Book Rating : 741/5 ( reviews)

World Trade and Investment Law Reimagined - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook World Trade and Investment Law Reimagined write by Alvaro Santos. This book was released on 2019-06-28. World Trade and Investment Law Reimagined available in PDF, EPUB and Kindle. World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Release : 2020-08-12
Genre : Law
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Book Rating : 019/5 ( reviews)

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes write by Zena Prodromou. This book was released on 2020-08-12. The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes available in PDF, EPUB and Kindle. In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Trade and Investment Law

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Release : 2010-05-28
Genre : Law
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Book Rating : 778/5 ( reviews)

International Trade and Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Trade and Investment Law write by Leal-Arcas, Rafael. This book was released on 2010-05-28. International Trade and Investment Law available in PDF, EPUB and Kindle. This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.

Principles of International Trade and Investment Law

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Release : 2021-09-21
Genre : Law
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Book Rating : 674/5 ( reviews)

Principles of International Trade and Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Principles of International Trade and Investment Law write by Mitchell, Andrew D.. This book was released on 2021-09-21. Principles of International Trade and Investment Law available in PDF, EPUB and Kindle. 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.

Judging the State in International Trade and Investment Law

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Release : 2016-12-10
Genre : Law
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Book Rating : 603/5 ( reviews)

Judging the State in International Trade and Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging the State in International Trade and Investment Law write by Leïla Choukroune. This book was released on 2016-12-10. Judging the State in International Trade and Investment Law available in PDF, EPUB and Kindle. This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.