Looking in detail at US-Peru and US-Colombia FTA negotiations and more specifically at the issues surrounding intellectual property rights, this book seeks to show the importance of domestic politics in understanding the nature and outcome of international negotiations.
Looking in detail at US-Peru and US-Colombia FTA negotiations and more specifically at the issues surrounding intellectual property rights, this book ...
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point...
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment ...
This title critically assesses patterns and issues in both the substantive law and policy environment impacting on foreign investment flows in major Asian economies, and dispute resolution law and practice related to those flows.
This title critically assesses patterns and issues in both the substantive law and policy environment impacting on foreign investment flows in major A...
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures...
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets...
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This...
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distin...
Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance.
Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This bo...
This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how...
This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of th...
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy.
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign...
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for...
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes...
Increasingly, trans-national corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. However, various exponents of international civil society and NGOs, as well as a growing number of academic researchers, persuasively claim that such growth of financial capitals in the form of foreign investments constitutes a potential and serious hazard both to the environment and the fundamental rights and freedoms of local populations. The relationship between foreign investments, currently...
Increasingly, trans-national corporations, developed countries and private actors are broadening the boundaries of their investments into new terri...
