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Substantive protection under investment treaties : a legal and economic analysis
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ISBN: 9781107042414 1107042410 9781107326361 110761595X 131608258X 1316056570 1316054217 1316075486 1316073122 1316077853 1107326362 1316080226 131607076X 9781316073124 9781316077856 9781107615953 9781107615953 Year: 2014 Publisher: Cambridge : Cambridge University Press,

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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.

Environment and Regional Trade Agreements
Authors: ---
ISBN: 1281746193 9786611746193 926400680X 9264006656 Year: 2007 Publisher: Paris : OECD Publishing,

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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.


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L'environnement et les accords commerciaux régionaux
Authors: ---
ISBN: 9264020160 9264020152 Year: 2007 Publisher: Paris : OECD Publishing,

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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.


Book
The sovereign remedy? : trade agreements in a globalizing world
Authors: ---
ISBN: 0191563951 1282268317 9786612268311 0191720259 0199550158 Year: 2009 Publisher: Oxford : Oxford University Press,

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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


Book
Bilateral and regional trade agreements : commentary and analysis
Authors: ---
ISBN: 051173753X 1107199085 1282001760 0511480121 9786612001765 051157598X 051148092X 0511477767 0511476272 051147928X 9780511480928 9780511480126 9780511477768 9780511575983 0521878276 9780521878272 9781107613119 9780521878289 1107613116 0521878284 9781107199088 9781282001763 6612001763 9780511476273 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Bilateral and regional trade agreements : case studies
Authors: ---
ISBN: 0511737548 1107199093 051148013X 1282001779 9786612001772 0511575998 0511480938 0511477775 0511476280 0511479298 9780511480935 9780511480133 9780521878289 0521878284 9780511575990 9780511479298 0521878284 9781107613126 1107613124 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Bilateral and Regional Trade Agreements : Case Studies.
Authors: --- ---
ISBN: 1316435059 1107479932 1316430081 1107063760 1108465102 Year: 2000 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Too Complex or Too Ambitious? : Exploring Hurdles in the Enforcement of EU Free Trade Agreements
Author:
ISBN: 2940600236 Year: 2021 Publisher: Geneva : Graduate Institute Publications,

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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.


Book
Multilateralizing regionalism
Authors: ---
ISBN: 9780521738101 9780521738101 9780521506014 0521506018 0521738105 9781139162111 1139179292 1107189497 1139188879 9786613378064 113916211X 1139187597 113918296X 128337806X 1139190180 1139185284 9781139190183 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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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.

Regulating social Europe : reality and myth of collective bargaining in the EC legal order
Author:
ISBN: 1901362906 Year: 2000 Publisher: Oxford : Hart publishing,

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