book

Protecting Investment In Services Investor - State Arbitrasion Versus WTO Dispute Settlement

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International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international investment treaties (BITs) and preferential trade agreement (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the right and obligations featured in the framework are not always compatible, this legal overlap reduces transparency and undermines governments' regulatory capacity in an unanticipated manner. This is the first book to tackle investment law and trade law jointly, and to compare the principles,rules , and dispute settlement mechanisms of investment agreement with the multilateral framework of the WTO/GATS. Among the many invaluable the book addresses are the following: - What are the substantive rules that apply to investment in services under investment agreements and the GATS? - How do these disciplines differ? Which offers the best protection for investors in services and do they affect governments' policymaking capacity? - Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures. Policymakers will find relevant insights in this work, as it provides a thorough review of legal matters that limit policy decisions and bring about possible contradictions between the two bodies of international economic law. Legal practitioners will benefit from the book's clear guidelines on the pros and cons of the trade and investment legal frameworks, and under what conditions each system is best suited to protect foreign investment in services.

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Ketersediaan

Informasi Detail

Judul Seri

Global Trade Law Series

No. Panggil

332.6 Mar p

Penerbit

Netherlands : Kluwer Law International., 2012

Deskripsi Fisik

xvi, 311 hlm. : 25 cm.

Bahasa

Inggris

ISBN/ISSN

978-90-411-3827-9

Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

Investment

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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