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Regulatory autonomy inheres in state sovereignty. Legally, it arises out of states' primary duties to regulate in the public interest which are sourced from national constitutions and general international law. Accordingly, states commonly invoke national constitutions and general international law in defence of measures challenged in investor-state arbitration. The capacity of states to make treaties is equally founded on these legal norms which are necessary for the coming into existence, legal status and juridical consequences of a treaty. The premise of this book, then, is that an analysis of investment treaties and states' right to regulate must start with the legal and normative limits to states' capacity to conclude investment treaties. Thus, based on a constitutional-general international law imperatives analysis, this book develops the imperatives theory as a legal and principled framework for explaining the intersection of investment treaties and regulatory autonomy, and the legal status of investment treaties and investor-state arbitration in Africa. It addresses, and answers affirmatively, the a priori question of whether fundamental constitutional and general international law obligations of African states towards citizens place limitations on their competence to conclude investment treaties. It makes a case for the public interest to be prioritised in Africa's participation in international investment rule-making and for investment treaties to be concluded subject to states' public interest obligations. This book, a form of resistance towards the investment treaty regime, presents revolutionary perspectives on the necessity, making and reform of investment treaties and investor-state arbitration in Africa with global implications and significance.

Africa, Cameroon --- Egypt, Ghana --- Commercial treaties. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce)

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This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

Investments, Foreign (International law) --- Military occupation. --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- War (International law) --- Conquest, Right of --- Military government --- International investment law --- Investment law, International --- International law --- Commercial treaties. --- Humanitarian law. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Humanitarian conventions --- International humanitarian law

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The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2020: Volume 3 provides the report on "United States - Countervailing Measures on Supercalendered Paper from Canada (WT/DS505)".

Foreign trade regulation --- Tariff --- Competition, Unfair --- Dispute resolution (Law) --- Law and legislation --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Competition --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- Ad valorem tariff --- Border taxes --- Customs (Tariff) --- Customs duties --- Duties --- Fees, Import --- Import controls --- Import fees --- Tariff on raw materials --- Commercial policy --- Indirect taxation --- Revenue --- Customs administration --- Favored nation clause --- Non-tariff trade barriers --- Reciprocity (Commerce)

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The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2019: Volume 5 provides the reports on "Ukraine - Anti-Dumping Measures on Ammonium Nitrate (WT/DS493)" and on "United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353)".

Foreign trade regulation --- Tariff --- Competition, Unfair --- Dispute resolution (Law) --- Law and legislation --- Competition --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- Ad valorem tariff --- Border taxes --- Customs (Tariff) --- Customs duties --- Duties --- Fees, Import --- Import controls --- Import fees --- Tariff on raw materials --- Commercial policy --- Indirect taxation --- Revenue --- Customs administration --- Favored nation clause --- Non-tariff trade barriers --- Reciprocity (Commerce) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law)

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The Vienna Convention on the Law of Treaties (VCLT) - as the 'treaty on treaties' - has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive - or even offer - for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book's appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT's relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.--

Investments, Foreign (International law) --- International commercial arbitration. --- Conflict of laws --- Commercial treaties. --- Treaties. --- Dispute resolution (Law) --- Arbitration and award --- Vienna Convention on the Law of Treaties --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Agreements, International --- Conventions (Treaties) --- International agreements --- Treaties --- International law --- International obligations --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Reciprocity (Commerce) --- International commercial arbitration --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International investment law --- Investment law, International --- Law and legislation