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Five great attempts have been made to achieve a true international harmonization of competition law in the twentieth century. None has been successful. Despite the failures of the League of Nations, the International Trade Organization (ITO), the Economic and Social Council of the United...
Persistent link: https://www.econbiz.de/10014222005
This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements. The author demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always...
Persistent link: https://www.econbiz.de/10014194799
This paper reviews alleged societal benefits and costs of International Investment Agreements (IIAs) as suggested by academia, governments, business and civil society. It sets out the wide range of issues that diverse actors have proposed in the context of assessing the societal benefits and...
Persistent link: https://www.econbiz.de/10011821959
Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through...
Persistent link: https://www.econbiz.de/10012951018
Economics is not only a subject matter but also a specific methodological approach. Economic analysis in International Economic Law is therefore not confined to economic matters but can be extended to virtually all issues by drawing on the economic approach. It can be used both to explain the...
Persistent link: https://www.econbiz.de/10008738326
Depoliticisation of investment dispute settlement is considered to be one of the principal reasons and advantages of investor-State arbitrations. This paper considers the added value that the depoliticisation vocabulary brings to the resolution of modern challenges. First of all, equating...
Persistent link: https://www.econbiz.de/10013135618
At present, Regional Trade Agreements (RTAs) have proliferated extraordinarily in the world trade landscape. Some trade diplomats are coming to recognize the greater significance of regional competition policy and law and are arguing that RTAs are likely to prevent to create anti-competitive...
Persistent link: https://www.econbiz.de/10013125427
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as...
Persistent link: https://www.econbiz.de/10013064265
The Trade Policy Review Mechanism (TPRM) received much scholarly attention when it was first established in 1989, but has been overshadowed of late by dispute settlement processes. This paper examines the relationship between barriers to trade that are flagged by the World Trade Organization's...
Persistent link: https://www.econbiz.de/10013066260
The WTO Agreement is said to be unconcerned with trade effects. Instead, WTO member countries incur state responsibility on the basis of their acts alone. This responsibility is reinforced by the irrebuttable presumption contained in DSU Art. 3.8 and longstanding practice, which together...
Persistent link: https://www.econbiz.de/10012723875