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This carefully crafted book discusses a wide range of important
legal principles such as procedural fairness and reasonableness in
the context of international trade and investment law. Using
comparative methodology, the authors examine how those principles
are reflected in treaties and how they are employed by adjudicators
resolving disputes. Contributing to a growing and important body of
scholarship,Principles of International Trade and Investment Law
provides critical analysis of important topics in international
economic law, including cross-border data transfers and prudential
regulation. By identifying commonalities and divergences in how the
two regimes treat key legal concepts,such as necessity testing and
non-discrimination, the book provides insight into international
trade and investment law while also furthering our understanding of
the broader fields of international economic law and public
international law. Examining how these key principles are
interpreted and used in international economic law, this book will
be welcomed by academics and practitioners interested in
international investment and trade law as well as researchers in
the international public law field.
Regulatory Autonomy in International Economic Law provides the
first extensive legal analysis of Australia's trade and investment
treaties in the context of their impact on national regulatory
autonomy. This thought-provoking study offers compelling lessons
for not only Australia but also countries around the globe in
relation to pressing current problems, including the uncertain
future of the World Trade Organization and widespread concerns
about the legitimacy of investor-State dispute settlement. Through
a critical exploration of evolving patterns of treaty practice, the
authors address the complex relationship between international
economic law and a State's regulatory autonomy in the key areas of
intellectual property, services, and investment. This insightful
investigation highlights problems of inconsistency across treaties,
limited transparency and consultation in the negotiation of
treaties, and increasing restrictions on policy space in
intellectual property protection. These factors are all crucial in
preserving a country's ability to pursue policy objectives such as
protecting public health and the environment while capturing the
benefits of international trade and foreign investment. This
discerning book will prove instrumental to scholars and
practitioners in the fields of international trade law,
international investment law, public international law, and
intellectual property. It will also appeal to government agencies
and international organisations working in these areas or in
matters of public health or the environment.
Tobacco use represents a critical global health challenge. The
World Health Organization estimates that tobacco kills nearly 6
million people a year, with the toll expected to rise to 8 million
annually over the next two decades. This detailed book, written by
health and legal experts from institutions around the globe,
examines legal issues arising from Australia's world-first
introduction of mandatory plain packaging of tobacco products. The
book offers an in-depth exploration of relevant domestic and
international legal questions in fields such as intellectual
property, constitutional law, health, trade and investment. The
authors' analysis sheds light on broader questions relating to the
capacity of governments to regulate tobacco products and the
tobacco industry, and to regulate in the interests of public health
more generally. The answers to these questions are of vital
interest not only to Australia but also to the international
community, with states' regulatory sovereignty increasingly being
challenged in local and international courts and tribunals. This
timely study is designed to assist international organizations,
NGOs, policymakers, and scholars in law, medicine and
health-related areas. Health professionals and advisors will also
find much of interest here. Contributors: A. Alemanno, G. Ayres, E.
Bonadio, J. Bosland, S. Chapman, M. Davison, S. Evans, T.A. Faunce,
B. Freeman, K. Lannan, J. Liberman, B. McGrady, A.D. Mitchell, M.
Scollo, T. Voon
Non-discrimination requirements, such as most-favored nation and
national treatment obligations, are central to both international
trade law and international investment law. Significant
inconsistencies between the fields are evident, however, in the way
adjudicators have treated key elements of the test for
discrimination. This book surveys and criticizes the manner in
which tribunals have employed the concept of regulatory purpose in
determining whether discrimination has occurred. The authors of
this book propose a new definition of regulatory purpose that
assists in framing the test for unlawful discrimination in both
fields of law. It provides a systematic and structured analysis of
how regulatory purpose should - and should not - be used in
applying non-discrimination norms. Throughout, the book compares
and contrasts trade and investment law, drawing out several
parallels and suggesting areas in which one legal system might
answer or shed light on questions arising in the other. With its
comprehensive and up-to-date analysis of trade and investment
jurisprudence, this book will appeal to practitioners and academics
in the fields of trade and investment law. Lawyers and adjudicators
will find it a useful source of ideas and proposals to inform their
arguments and decisions. For government officials, it will be
informative when considering the optimal way to structure measures
that may affect the interests of foreign traders or investors. It
will also provide a useful survey of the literature for academics,
as well as a springboard for further comparison of international
trade and investment law.
Tobacco use represents a critical global health challenge. The
World Health Organization estimates that tobacco kills nearly 6
million people a year, with the toll expected to rise to 8 million
annually over the next two decades. Written by health and legal
experts from institutions around the globe, The Global Tobacco
Epidemic and the Law examines the key areas of domestic and
international law affecting the regulation of tobacco.The book
offers a wide-ranging and in-depth exploration of relevant legal
questions, including a focus on the activities of the World Health
Organization and the WHO Framework Convention on Tobacco Control,
as well as an extensive evaluation of relevant developments in
international trade law and international investment law. The
authors' expert analysis also sheds light on broader questions
relating to the capacity of governments to regulate tobacco
products and the tobacco industry, as reflected in detailed case
studies of tobacco control in various countries and regions around
the world. The answers to these questions are of vital interest to
the international community, with states' regulatory sovereignty
regarding tobacco increasingly being challenged in local and
international courts and tribunals. Combining unique insight with
rigorous analysis, this book will facilitate a more sophisticated
understanding of the legal issues concerning tobacco control and
will be of interest to lawyers, diplomats, policymakers and NGOs,
as well being a valuable resource for scholars of law, public
policy and health. Contributors: N. Boister, O.A. Cabrera, J.
Carballo, R. Cunningham, M. Davison, K. DeLand, L. Gruszczynski, P.
Henning, L. Hsu, J. Liberman, G. Lien, T-y. Lin, C-f. Lo, A.
Mitchell, L. Shmatenko, D. Singh, J. Strawbridge, T. Tucker, T.
Voon, H. Wipfli, C-F. Wu, A. Yadav
Social Psychology is the scientific study of how people's thoughts,
feelings, and behaviors are influenced by the actual, imagined, or
implied presence of others. Social psychologists typically explain
human behavior as a result of the interaction of mental states and
immediate social situations. In this book, the authors present
current research on social psychology including the cultural,
social and gender influences on casual sex; allostatic load based
on a stress physiology model of illness; conceptualizing identity
within social psychology; psychological characteristics of heart
disease and cancer patients; peer victimization, physical activity
and social psychological adjustment in obese youth; and antisocial
behavior in children with ADHD. (Imprint: Nova)
The past two decades have seen a significant proliferation of trade
and investment treaties around the world. States are increasingly
negotiating agreements that regulate both trade and investment,
such as the Trans-Pacific Partnership Agreement and the
Transatlantic Trade and Investment Partnership. The number of
investor-state dispute settlement cases is rapidly accumulating
each year, yet states' enthusiasm for investor-state arbitration
has become more qualified as concern has intensified that the
system can be abused by foreign investors. Good faith is therefore
becoming increasingly important as a principle, particularly in the
investment context, due to disputes about investor conduct such as
corporate restructuring in order to gain the protection of a
particular investment treaty regarding an existing or foreseeable
dispute, and States' responses to public policy concerns through
attempts to modify or terminate investment treaties in the face of
ongoing or expected claims. Tribunals adjudicating investment
disputes have used the principle of good faith in a haphazard and
uncoordinated manner, causing serious problems of uncertainty and
inconsistency. In response to these developments, this book
contains the first comprehensive and integrated analysis of the
treatment of good faith in international investment law, noting the
broader implications of good faith in public international law and
international trade law.
Principles play a crucial role in any dispute settlement system,
and the World Trade Organization (WTO) is no exception. However,
WTO Panels and the Appellate Body have been too timid in using
principles, sometimes avoiding their use when appropriate and at
other times using them without fully acknowledging that they are
doing so. Perhaps more worryingly, these bodies often fail to delve
deeply enough into principles. They tend to overlook key questions
such as the legal basis for using a given principle, whether the
principle is being used in an interpretative manner or as
applicable law, and the meaning of the principle in public
international law. This book establishes a framework for addressing
these questions. The use of such a framework should allay fears and
misconceptions about the use of principles and ensure that they are
used in a justifiable manner, improving the quality of dispute
settlement in the WTO.
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