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Modern BITs habitually begin with a preamble, whereupon basic concepts such as what constitutes an investment and an investor for the purpose of the treaty are somewhat defined. The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous...
Persistent link: https://www.econbiz.de/10012831514
This paper addresses treaty-based investor-state arbitration (ISA) and other forms of investor-state dispute settlement. The topic has become particularly controversial for Australia, given its ongoing Free Trade Agreement negotiations with Japan – which is also considering joining...
Persistent link: https://www.econbiz.de/10013097967
The China–Australia Free Trade Agreement (‘ChAFTA') reflects the latest development of trade and investment rules in regional economic integration and is of significance to the future development of the international economic legal order. Through a critical analysis of the major ChAFTA rules...
Persistent link: https://www.econbiz.de/10012940760
Asia-Pacific trade and investment flows have burgeoned over recent decades, albeit impacted by China-US trade tensions and especially the COVID-19 pandemic (§1.02). International investment agreements have proliferated to liberalise and protect investments (§1.03), mostly adding the option of...
Persistent link: https://www.econbiz.de/10013247861
This paper first describes the trade tensions between Korea and Japan that escalated from mid-2019. It assesses Korea’s prospects in a formal claim now brought before the World Trade Organization, noting difficulties with substantive law, but especially procedure given the general breakdown in...
Persistent link: https://www.econbiz.de/10014032516
The author examines the theoretical difficulties of implementing decisions and awards of foreign courts in Russia … educational background of legal professionals – especially judges – in Russia. It is suggested that the statist conception of law … sovereignty, which excludes the direct effect of legal acts made by foreign states, private arbitrations, and international …
Persistent link: https://www.econbiz.de/10013096271
Persistent link: https://www.econbiz.de/10001269659
. One of the central arguments used by "leave" supporters in the run up to the referendum concerned UK sovereignty in the … bloc, however, has revealed a striking paradox in that it appears to compromise the most fundamental aspect of sovereignty …
Persistent link: https://www.econbiz.de/10012180699
China's power in international relations has been growing in the last two decades, particularly following the handover of Hong Kong in 1997 and of Macau in 1999. Beijing's current political agenda is to unify Taiwan with China. A realist would argue that a Great Power like China can set its...
Persistent link: https://www.econbiz.de/10014139993
Persistent link: https://www.econbiz.de/10010401133