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Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.
International finance --- Financial law --- International law --- Investments --- Commercial treaties. --- Investments, Foreign --- Law and legislation. --- Investments - Law and legislation. --- Investments, Foreign - Law and legislation. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Investment law
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Regional Trade Agreements (RTAs) have increased significantly in number over the past few years. The number of RTAs which include environmental provisions is also increasing. However, these provisions, and the experience related to their negotiation and implementation, have not been examined in depth yet. This study contributes to filling this gap. It provides an overview of approaches to environmental issues in RTAs and summarises country experiences in their negotiation and practical application. Regional and bilateral trade arrangements are surveyed, including customs unions and free trade agreements. The study is based on the analysis of RTA texts, and on literature examining their actual implementation, as well as on first-hand comments and input from experts from both OECD and non-OECD countries.
Commercial treaties. --- International trade. --- Trade blocs. --- International trade --- Commercial treaties --- Trade blocs --- Commerce --- Business & Economics --- International Commerce --- Environmental aspects --- Environmental aspects. --- Regional economic blocs --- Regional trading blocs --- Trading blocs --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce)
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Ces dernières années, le nombre d’accords commerciaux régionaux (ACR) a considérablement augmenté. Le nombre d’accords commerciaux régionaux qui comportent des dispositions environnementales augmente également. Or, ces dispositions et les enseignements dégagés de leur négociation et de leur mise en oeuvre n’ont pas encore fait l’objet d’un examen approfondi. Cette étude vise à combler cette lacune. Elle répertorie les dispositifs relatifs aux questions d’environnement dans les ACR et les pratiques des pays en ce qui concerne la négociation et la mise en œuvre de ces dispositifs. Elle examine les accords commerciaux régionaux et bilatéraux, y compris les unions douanières et les accords de libre échange. L’étude s’appuie sur l’analyse des textes des ACR et des rapports qui examinent leur mise en œuvre, ainsi que sur les observations et informations communiquées par des experts de pays de l’OCDE ou hors OCDE.
Commercial treaties. --- Electronic books. -- local. --- International trade -- Environmental aspects. --- Trade blocs. --- International trade --- Environmental aspects. --- Regional economic blocs --- Regional trading blocs --- Trading blocs --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce)
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International trade and the rapidly proliferating network of trade agreements have aroused passions for decades. While some blame trade agreements for exporting jobs, sowing poverty, furthering illegal migration, and robbing national sovereignty, others praise them as lynchpins of growth, pillars of peace, guarantors of security, and engines of globalization. Still others view them as useful instruments for fostering global trade and investment. This book examines whether tradeagreements merit the blame levelled against them or the hopes pinned on them. It employs extensive new historical data
International trade. --- Commercial treaties. --- Trade agreements (Commerce) --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Commerce --- International economic relations --- Non-traded goods
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As the Doha Development Round trade negotiations have stalled, bilateral and regional free trade agreements have become an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral and regional trade negotiations with multiple trading partners. This book provides a comprehensive study of recent bilateral and regional trade agreements. There are two main aspects. First, it situates bilateral and regional trade agreements in the context of economics, international law and international relations. Second, it surveys the most important recent agreements in relation to each substantive topic covered (e.g. intellectual property, investment, services and social policy) and provides an overview of the law being created in these areas.
Commercial treaties. --- Free trade. --- Free trade and protection --- Trade, Free --- Trade liberalization --- International trade --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- handel, internationaal --- handelspolitiek, internationaal --- GATT --- handelsrecht --- Commercial treaties --- Free trade --- Law --- General and Others
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The history of the world trading system and international trade agreements is characterised by shifts between bilateralism, regionalism and multilateralism. Bilateralism has recently returned, having gained momentum following the failed WTO negotiations at the 1999 Seattle Ministerial Conference. The result is that today's international trade rules are now a complex web of instruments and agreements. This volume contains case studies of selected bilateral and regional free trade agreements (FTAs), covering a wide range of countries, regions and key issues such as intellectual property and agriculture. Authored by leading scholars, practitioners and governmental officials, each case study provides a comprehensive review of the negotiating history and result of the selected agreement. Each study can serve as an in-depth examination of a particular FTA, and the group of case studies can be used to compare and contrast the coverage of different FTAs or to examine the FTAs signed by a particular country.
Commercial treaties. --- Free trade. --- Free trade and protection --- Trade, Free --- Trade liberalization --- International trade --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Law --- General and Others
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The stalling of the Doha Development Round trade negotiations has resulted in bilateral and regional free trade agreements becoming an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral trade negotiations with multiple trading partners. This second edition provides a new collection of case studies illustrating the latest trends and innovations in bilateral and regional trade agreements (BRTAs). The selected BRTAs represent a good sampling of regional variation and cover the most important substantive issues. Authored by leading scholars and practitioners, each case study offers comprehensive analysis of the featured BRTA, and the format allows for quick comparisons.
Commercial treaties --- Free trade --- Law, General & Comparative --- Law, Politics & Government --- Free trade and protection --- Trade, Free --- Trade liberalization --- International trade --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Commercial treaties. --- Free trade.
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This ePaper looks at the recent politics of EU trade, and specifically at the political hurdles characterising the enforcement of free trade agreements (FTAs) negotiated by the European Commission. It argues that civil society advocacy groups have played a key, yet undertheorised, role in accounting for the recent politicisation of a number of EU FTAs, which has often translated into obstacles to ratification. The TTIP, the CETA, and the EU-Mercosur FTA constitute relevant examples. The analysis privileges a Commission standpoint, conceiving ratification hurdles as public-management issues tackled by Brussels in view of rescuing its trade-policy mandate from domestic vetoes. We argue that the Commission is particularly compelled to implement FTA reviews and safeguards when advocacy concerns are endorsed by official-level policy actors like the European Parliament, enjoying ultimate veto powers. In a final step, the research also enquires into the narrower reality of mixed FTAs, focusing on the case study of the CETA. In this regard, it suggests that prolonged national-level ratification poses no extraordinary obstacle to the Commission, as treaty enforcement is aided by lock-in dynamics involving both official-level and civil-society veto players – even in the absence of full de jure ratification. We conclude that, while the above ratification obstacles have been addressed by the Commission on an ad hoc basis, as contingent policy issues, their prolonged occurrence suggests that they will need to be tackled more systematically in the future. This will require operating at the level of treaty-design, by addressing pressing concerns like trade and sustainable development more thoroughly and bindingly ahead of concluding negotiations – in view of preventing otherwise inescapable enforcement hurdles.
Management --- Political Science Public Admin. & Development --- International Relations --- Public Administration --- non-state actors and civil society --- governance --- State | Nation --- foreign policy --- economic development --- free trade agreements (FTAs) --- advocacy --- public management --- International relations
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Regional trade agreements (RTAs) have proliferated around the world in the past two decades, and now nearly all members of the WTO are party to at least one. Besides tariffs and rules of origin regulating trade in goods, many RTAs now include provisions on services, investments, technical barriers to trade and competition rules, as well as a host of issues not directly related to trade. The geographic reach of RTAs is expanding, with transcontinental agreements spreading forcefully alongside intra-regional agreements. 'Multilateralizing Regionalism' was the title of a major conference held from 10-12 September 2007 at the WTO in Geneva. Brought together in this publication, the conference papers achieve two things. First, they marshall detailed, new empirical work on the nature of the 'Spaghetti Bowl' and the problems it poses for the multilateral trade system. Second, they contribute fresh and creative thinking on how to 'tame the tangle' of regional trade agreements.
International law --- Foreign trade. International trade --- Commercial law. Economic law (general) --- World Trade Organization --- handelspolitiek, internationaal --- GATT --- Commercial policy --- Commercial treaties --- International trade --- Regionalism --- Trade blocs --- Regional economic blocs --- Regional trading blocs --- Trading blocs --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Law --- General and Others
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Social law. Labour law --- European Union --- Négociations collectives --- Droit du travail (droit européen) --- Collective bargaining --- Collective labor agreements --- Agreements, Collective labor --- Collective agreements --- Collective bargaining agreements --- Labor agreements --- Trade agreements (Labor) --- Union agreements --- Labor contract --- Strikes and lockouts --- Bargaining --- Labor negotiations --- Industrial relations --- Negotiation in business --- Law and legislation
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