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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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General Interests of Host States in International Investment Law

Edited by: Giorgio Sacerdoti

ISBN13: 9781107050235
Published: May 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £77.00



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Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors.

Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments.

The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

Subjects:
International Investment Law
Contents:
Part I. General Interests of Host States in the Application of Investment Treaties:
1. The application of BITs in time of economic crisis: limits to their coverage, necessity and the relevance of WTO law Giorgio Sacerdoti
2. The protection of general interests of host states in the application of the fair and equitable treatment standard Mara Valenti
3. Indirect expropriations and regulatory takings: what role for the 'legitimate expectations' of foreign investors? Anna De Luca
4. Trade and investment law: what relations? Friedl Weiss
5. On the evolution and slow convergence of international trade and investment law Jurgen Kurtz
6. Sovereign wealth funds as protected investors under BITs and the safeguard of the national security of host states Michele Barbieri

Part II. The Protection of Non-investment Concerns in International Investment Law:
7. The integration of non-investment concerns as an opportunity for the modernization of international investment law: is a multilateral approach desirable? Pia Acconci
8. Intellectual property protection in investment agreements and public concerns Antonietta Di Blase
9. Up-keeping non-economic values in development assistance. Does the World Bank practice what it preaches? Answers from the Inspection Panel Agostina Latino
10. The protection of indigenous peoples concerns in the World Bank-funded projects Martina Guidi

Part III. The Protection of General Interests of Host States and the EU as a New Player in the Investment Arena:
11. The future of BITs between EU member states: are intra-EU BITs compatible with the internal market? Paola Mariani
12. European Union restrictions to the free movement of capital vs. BITs guarantees: learning from the European Court of Justice case law Elsa Milanesi
13. Ensuring the consistency of the EU investment policy within the EU external action: the relevance of non-trade values Alessando Perfetti
14. Non-financial concerns in the lending policy of the European Investment Bank in context Emanuela Pistoia

Part IV. The Protection of General Interests of Host States in the Trade and Investment Context: Other Regional Perspectives:
15. The protection of general interests of host states in regional agreements in the Asia-Pacific area Claudio Dordi
16. Domestic policies and international investment agreements in MERCOSUR countries Arno Dal Ri and Paulo De Alcantara Veloso

Part V. The Protection of General Interests of Host States from the Italian Perspective:
17. Italy's treaty practice and case law: what balance between investors' protection and general interests of states? Federico Ortino and Domenico Di Pietro
18. Diplomatic intervention and state-to-state arbitration as alternative means for the protection of foreign investments and host states' general interests: the Italian experience Matilde Recanati.

Series: Cambridge International Trade and Economic Law

Distributive Justice and World Trade Law: A Political Theory of International Trade Regulation ISBN 9781108415811
To be published October 2017
Cambridge University Press
£95.00
Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law ISBN 9781107163645
Published April 2017
Cambridge University Press
£95.00
Reclaiming Development in the World Trading System 2nd ed ISBN 9781107098930
Published October 2016
Cambridge University Press
£89.99
Establishing Judicial Authority in International Economic Law ISBN 9781107147102
Published July 2016
Cambridge University Press
£69.99
Developing Countries and Preferential Services Trade ISBN 9781107147560
Published July 2016
Cambridge University Press
£69.99
Trade, Investment, Innovation and their Impact on Access to Medicines: An Asian Perspective ISBN 9781107072732
Published February 2016
Cambridge University Press
£79.99
The WTO and International Investment Law: Converging Systems ISBN 9781107009707
Published January 2016
Cambridge University Press
£69.99
The Law, Economics and Politics of International Standardisation ISBN 9781107128330
Published December 2015
Cambridge University Press
£89.99
Export Restrictions on Critical Minerals and Metals: Testing the Adequacy of WTO Disciplines ISBN 9781107085961
Published December 2015
Cambridge University Press
£79.99
The Social Foundations of World Trade: Norms, Community and Constitution ISBN 9781107036611
Published January 2015
Cambridge University Press
£77.00
The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law ISBN 9781107471115
Published November 2014
Cambridge University Press
£28.99
International Organizations in WTO Dispute Settlement: How Much Institutional Sensitivity? ISBN 9781107471139
Published November 2014
Cambridge University Press
£26.99
£26.99
Public Participation and Legitimacy in the WTO ISBN 9781107067820
Published October 2014
Cambridge University Press
£82.00
The Challenge of Safeguards in the WTO ISBN 9781107071780
Published September 2014
Cambridge University Press
£77.00
Trade Policy Flexibility and Enforcement in the WTO: A Law and Economics Analysis ISBN 9781107638181
Published January 2014
Cambridge University Press
£29.99
The Multilaterization of International Investment Law ISBN 9781107636507
Published January 2014
Cambridge University Press
£28.99
£35.99
Law, Economics and Politics of Retaliation in WTO Dispute Settlement ISBN 9781107655355
Published January 2014
Cambridge University Press
£35.99
Non-Discrimination in International Trade in Services: ‘Likeness' in WTO/GATS ISBN 9781107697669
Published January 2014
Cambridge University Press
£35.99
£82.00
African Regional Trade Agreements as Legal Regimes ISBN 9781107670303
Published November 2013
Cambridge University Press
£35.99
Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members
Edited by: Muslum Yilmaz
ISBN 9781107022232
Published January 2013
Cambridge University Press
£88.00
£77.00
International Organizations in WTO Dispute Settlement: How Much Institutional Sensitivity? ISBN 9781107028241
Published November 2012
Cambridge University Press
£77.00
£82.00
The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law ISBN 9781107012899
Published November 2011
Cambridge University Press
£93.00
African Regional Trade Agreements as Legal Regimes ISBN 9780521769839
Published July 2011
Cambridge University Press
£93.00
£98.00
Non-Discrimination in International Trade in Services: ‘Likeness' in WTO/GATS ISBN 9780521191869
Published October 2010
Cambridge University Press
£93.00
Law, Economics and Politics of Retaliation in WTO Dispute Settlement ISBN 9780521119979
Published January 2010
Cambridge University Press
£103.00
The Multilaterization of International Investment Law ISBN 9780521762366
Published September 2009
Cambridge University Press
£93.00
Trade Policy Flexibility and Enforcement in the WTO: A Law and Economics Analysis ISBN 9780521761208
Published August 2009
Cambridge University Press
£82.00