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Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.This statistical survey of a large sample of 1,660 bilateral investment...
Persistent link: https://www.econbiz.de/10013096744
/Turtle and Methanex disputes (concerning environmental protection and public health) brought under the World Trade Organization …
Persistent link: https://www.econbiz.de/10013069442
This paper addresses the impact of TPP-like policies on third countries, looking at the case of Brazil, one of the most important emerging economies. We argue that TPP-like agreements are a way to bypass resistance to neoliberal ordering in the WTO through the institution of alternative fora. We...
Persistent link: https://www.econbiz.de/10012962236
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775
U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous …
Persistent link: https://www.econbiz.de/10012869935
The object of this article is to examine different options in investment treaty making for addressing and preventing potential conflicts of norms that involve investment and cultural heritage rights. For this purpose, it will be taken into account the rationale of intergenerational justice and...
Persistent link: https://www.econbiz.de/10013001964
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
The chapter begins by describing how a handful of recent cases pertaining to IP issues in the context of investor-State dispute settlement (ISDS) have generated considerable interest in the interface between investment and intellectual property. It suggests that it may be useful to take a...
Persistent link: https://www.econbiz.de/10012862037
Are economic, social and social, and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade...
Persistent link: https://www.econbiz.de/10013034944
The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement requiring Members to establish a relatively detailed set of substantive norms within their national legal systems, as well as requiring them to establish enforcement measures...
Persistent link: https://www.econbiz.de/10013037685