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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.
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