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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Protecting Investment in Services: Investor-State Arbitration vs. WTO Dispute Settlement

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ISBN13: 9789041138279
Published: December 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £112.00

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International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international trade law, embodied in the WTO agreements. Foreign investment is governed by international investment law, consisting of a vast network of investment agreements, including bilateral investment treaties (BITs) and preferential trade agreements (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the rights and obligations featured in the two frameworks are not always compatible, this legal overlap reduces transparency and undermines governments’ regulatory capacity in an unanticipated manner. This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS.

The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.

Policymakers will find relevant insights in this work, as it provides a thorough review of legal matters that limit policy decisions and bring about possible contradictions between the two bodies of international economic law. Legal practitioners will benefit from the book’s clear guidelines on the pros and cons of the trade and investment legal frameworks, and under what conditions each system is best suited to protect foreign investment in services.

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International Trade, International Investment Law
List of Abbreviations.

Part I Presentation and Background.
Chapter 1 Introduction.

Part II Access to International Fora on Trade and Investment.
Chapter 2 Dispute Settlement in International Economic Law.
Chapter 3 Access to Dispute Settlement Procedures.

Part III Substantial Rights Granted To Foreign Investors In Services.
Chapter 4 Admission and Establishment.
Chapter 5 Post-establishment MFN and NT Obligations.
Chapter 6 Minimum Standards of Treatment.
Chapter 7 Expropriation.

Part IV Remedies and Enforcement in International Trade and Investment Disputes.
Chapter 8 Legal Remedies in International Economic Disputes.
Chapter 9 Means of Enforcement in International Economic Fora.

Part V Overview and Concluding Remarks.
Chapter 10

Case Law.

Series: Global Trade Law

Price on Application
Single Windows and Trade Facilitation ISBN 9789041158345
Published June 2015
Kluwer Law International
Theories and Practices of Compliance with WTO Law ISBN 9789041132284
Published September 2012
Kluwer Law International
Global Textiles and Clothing Trade: Trade Policy Perspectives ISBN 9789041138750
Published April 2012
Kluwer Law International
Trade, Health, and the Burden of Proof in WTO Law ISBN 9789041138255
Published December 2011
Kluwer Law International
India: Commercial Law, Customs and Taxation ISBN 9789041128362
Published August 2011
Kluwer Law International
Regulation of Energy in International Trade Law: WTO, NAFTA and Energy Charter ISBN 9789041132642
Published July 2011
Kluwer Law International
Globalization and Animal Law: Comparative Law, International Law and International Trade ISBN 9789041133380
Published April 2011
Kluwer Law International
Customs Law of East Asia ISBN 9789041133342
Published November 2010
Kluwer Law International
Legal Guide to GATS ISBN 9789041128249
Published November 2010
Kluwer Law International
International Trade in Gambling Services ISBN 9789041132482
Published May 2010
Kluwer Law International
Mexico in the WTO: An Anatomy of its Participation in Dispute Proceedings ISBN 9789041131690
Published October 2009
Kluwer Law International