Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

ISBN-13: 9781785368103 / Angielski / Twarda / 2016 / 192 str.

Andrew D. Mitchell;David Heaton;Caroline Henckels

Opis

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.