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The challenge for governments is to find an appropriate balance -- ensuring a sufficient level of protection for its national security interests, while at the same time ensuring that investment protection is still strong enough to keep the country attractive for foreign investors. The review undertaken for this study suggests that up to now, only a minority of IIAs [International investment agreements] contain some kind of national security exception, and that such clauses are more frequent in agreements covering the entry of foreign investment than in treaties limited to the post-establishment phase. IIA Contracting Parties have various options to clarify the scope and conditions under which a national security exception applies. All these options help to prevent the subject of national security exceptions in IIAs from becoming a "black and white" matter, and allow more differentiated solutions to be adopted, permitting a fair balance between the interests of the Contracting Parties and the foreign investors.--Publisher's description

Investments, Foreign --- National security --- Arbitration (International law) --- Law and legislation

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The research papers in this volume were initially presented at a conference, entitled 'Cutting Edge Theories and Recent Developments in Conflict Resolution', which celebrated the 20th anniversary of the Program on the Analysis and Resolution of Conflict (PARC). Presenters were encouraged to submit their papers for consideration, and following a rigorous peer review and revision process, nine articles were accepted. The volume explores some of the major themes of conflict analysis, including how powerful dominant discourses can both soothe and exacerbate conflict, the role of civic organizations in promoting peace and incubating democratic principles, the ways in which different forms of dialogue are used to heal historically dysfunctional inter-group relations, and the importance of a deeply institutional, structural understanding of ethnocentrism and racism.The authors conducted their research in several different countries - the U.S., Canada, Bosnia, and Northern Ireland - and used a wide range of analytical techniques including in-depth interviews, surveys, and document analysis. What holds them together is the rigorous tie they make between theory and empirical data. Some authors have built conflict theory inductively, based on their own research and/or secondary sources (e.g. Keles, Coy, et al, and Funk-Unrau), while others have tested existing models with empirical data (e.g. Hemmer, Getha-Taylor, and Pincock). These articles collectively make a solid contribution to theoretical development in the conflict analysis field.

Arbitration (International law) --- Conflict management --- Peaceful change (International relations) --- Social planning --- Social development planning --- Planning --- International relations --- Peace --- World politics --- Arbitration, International --- Peace studies & conflict resolution. --- Political Science --- Peace. --- International Relations --- Diplomacy. --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International

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This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight of the twelve countries - Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom - generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States. In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. US courts' reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

Treaties. --- International and municipal law. --- Jurisdiction. --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Competent authority --- Law --- Conflict of judicial decisions --- Courts --- Judgments --- Venue --- International law --- Municipal and international law --- Agreements, International --- Conventions (Treaties) --- International agreements --- Treaties --- International obligations --- Influence --- International law influences --- Law and legislation --- General and Others --- International and municipal law --- Jurisdiction

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The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

Investments, Foreign (International law) --- Investments, Foreign --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International law --- Law and legislation. --- Law and legislation --- investeringen, internationaal --- recht, financieel --- wetgeving --- Arbitration and award, International. --- Investments, Foreign (International law). --- Law --- General and Others --- Investments, Foreign - Law and legislation

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The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.

Commercial law. Economic law (general) --- Law of international organizations --- World Trade Organization --- Foreign trade regulation --- Arbitration (International law) --- Performance (Law) --- Economic aspects --- Economic aspects. --- World Trade Organization. --- Performance (Law). --- Mora (Civil law) --- Contracts --- Debtor and creditor --- Discharge of contracts --- Extinguishment of debts --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law and legislation --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- Foreign trade regulation - Economic aspects --- Arbitration (International law) - Economic aspects --- Law --- General and Others