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The post-Cold War era has seen an unprecedented move towards more
legalization in international cooperation and a growth of
third-party dispute settlement systems. WTO panels, the Appellate
Body and investor-state dispute settlement cases have received
increasing attention beyond the core trade and investment
constituencies within governments. Scrutiny by business, civil
society, academia, and trade and investment experts has been on the
rise. This book asks whether we observe a transformation or a
demise of existing institutions and mechanisms to adjudicate
disputes over trade or investment. It makes a contribution to the
question in which direction international economic dispute
settlement is heading in times of change, uncertainty and
increasing economic nationalism. In order to do so, it brings
together chapters written by leading researchers and experts in law
and political science to address the challenges of settling
disputes in the global economy and to sketch possible scenarios
ahead of us.
This book advances the idea that in order to address some of the
criticisms against investor-state dispute settlement, a large
majority of states have taken a 'normative' strategy, negotiating
or amending investment treaties with provisions that potentially
give more control and greater involvement to the contracting
parties, and notably the home state. This is particularly true of
agreements concluded in the past fifteen years. At the same time,
there is a potential revival of the 'remnants' of diplomatic
protection that are embedded in investment treaties since the
beginning of the system. But why is the home state being brought
back into a domain from which it was expressly excluded several
decades ago? Why would a home state be interested in intervening in
these conflicts? Is this 'new' role of the home state in foreign
investment disputes a 'return' to diplomatic protection of its
nationals, or are we witnessing something different?
This volume focuses on one of the most innovative deep integration
constructs, The Pacific Alliance, which aims at expanding the
frontiers of trade and investment governance in Latin America. It
draws on a conference held at Externado University in Bogota,
Colombia, in November 2015, bringing together leading scholars,
practitioners and officers of public, regional and international
organisations interested in a critical analysis of the Alliance,
its distinctiveness and likely future directions. The volume
features contributions from the multi-disciplinary lens of law,
political science and economics. The Pacific Alliance, comprising
Chile, Colombia, Mexico and Peru, aims through a participatory and
consensual manner to promote the free circulation of goods,
services, capital and persons among its members, and to secure deep
economic integration through collaboration across a broader set of
policy areas than typically obtains in more traditional
preferential trade agreements. This volume is of interest to policy
makers and staff of international organizations involved in trade
and investment negotiations, international economic governance in
general as well as faculty, researchers and graduate students of
these topics and of international political economy and comparative
regionalism.
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