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This book analyses whether, and how, equity and equitable
principles can be employed as juridical tools in the legal
reasoning of judges and lawyers in World Trade Organization (WTO)
disputes where there is interaction between norms derived from the
multilateral trade regime and other international legal regimes.
Bringing the literature on equity and equitable principles in
international law up to date this book tackles several legal
problems which have emerged in WTO dispute settlement practice as
well as engaging with the concept of the fragmentation of
international law. The book provides an original argument about the
role and significance of equity and equitable principles in the
debate over fragmentation by providing a coherent methodology for
addressing conflicts and overlaps between WTO and non-WTO norms in
the context of Dispute Settlement Body proceedings.
This book analyses whether, and how, equity and equitable
principles can be employed as juridical tools in the legal
reasoning of judges and lawyers in World Trade Organization (WTO)
disputes where there is interaction between norms derived from the
multilateral trade regime and other international legal regimes.
Bringing the literature on equity and equitable principles in
international law up to date this book tackles several legal
problems which have emerged in WTO dispute settlement practice as
well as engaging with the concept of the fragmentation of
international law. The book provides an original argument about the
role and significance of equity and equitable principles in the
debate over fragmentation by providing a coherent methodology for
addressing conflicts and overlaps between WTO and non-WTO norms in
the context of Dispute Settlement Body proceedings.
Assessing the extent to which armed conflict impacts the
obligations that states have towards foreign investors and their
investments under international investment treaties requires
considering a wide range of issues, many of which are systemic in
nature. These include substantive and procedural topics, not only
with regard to international investment law, but also concerning
the law on the use of force, international humanitarian law and
human rights law, the law of treaties, the law of state
responsibility and the law of state succession.This volume provides
an in-depth assessment of the overlap between international
investment law and the law of armed conflict by charting the
terrain of the multifaceted and complex relationship between these
two fields of public international law, fostering debate and
offering novel perspectives on the matter.
This book reviews for the first time some of the less frequently
addressed actors in international investment law. Traditional
studies concerning actors in international investment law have
tended to focus on arbitrators, claimant investors and respondent
states. This book explores transnational actors, such as UNCITRAL,
the EU, international standardizing bodies, domestic and
international courts and tribunals, etc., shedding light on their
transnational activity and pluralistic role in international
investment law.
This EYIEL special issue examines the interaction between
international investment law and competition law. Although issues
related to both international investment law and competition law
arise regularly in international legal practice and are examined
together, scholarly analysis largely treats them as parallel
universes. As a result their actual and potential overlap has yet
to be sufficiently explored. In this light, International
Investment Law and Competition Law discusses a variety of topics at
the intersection of investment and competition, including the
interaction between competition-related provisions and investment
protection standards in free trade agreements; investors'
anti-competitive behaviour and illegal investments; state aid
schemes and foreign investors' legitimate expectations; EU member
States' compliance with investment awards as (illegal) state aid
under EU law; State-owned enterprises and competitive neutrality;
and interactions between public procurement, investment and
competition law.
This book reviews for the first time some of the less frequently
addressed actors in international investment law. Traditional
studies concerning actors in international investment law have
tended to focus on arbitrators, claimant investors and respondent
states. This book explores transnational actors, such as UNCITRAL,
the EU, international standardizing bodies, domestic and
international courts and tribunals, etc., shedding light on their
transnational activity and pluralistic role in international
investment law.
This book explores how State capitalism affects and reshapes
international investment law. It sheds new light on the various
ways States actively influence business and commercial activity
globally by using sovereign investors such as state-owned
enterprises and sovereign wealth funds or pension funds. With a
diverse group of contributors from a broad range of countries, the
book offers a fresh and timely look into the fundamentals of State
capitalism, focusing in particular on its actors and processes, the
contextual elements that surround it, and the new political economy
that comes with it. The book is essential reading for researchers,
regulators, policy makers, and practitioners interested in the
different ways State capitalism challenges and changes
international investment law. As geopolitical considerations
increasingly affect global economic activity, delving into the
intricacies of State capitalism has never been more timely.
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