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The Return of the Home State to Investor-State Disputes
This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?
The Role of the State in Investor-State Arbitration
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
Reconceptualizing International Investment Law from the Global South
This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
Standardizing the World
The EU has pursued many trade pacts across the world. This is part of its foreign policy: as the third largest economy in the world and lacking hard power, the EU relies on trade agreements to project its interests. These are often complex and far-reaching initiatives that have the potential to shape not only economic but also political and social life in the EU and its trading partners. In Standardizing the World, Francesco Duina and Crina Viju-Miljusevic have gathered a group of leading experts to present an unprecedented assessment of the EU's efforts to standardize a wide array of economic, political, and social aspects of life through its trade agreements across the globe. Drawing on ec...
Meltdown
We hear about pieces of ice the size of continents breaking off of Antarctica, rapidly melting glaciers in the Himalayas, and ice sheets in the Arctic crumbling to the sea, but does it really matter? Will melting glaciers change our lives? Absolutely.The ice ages and the interglacial periods like we live in now are built and destroyed by glaciers. Glaciers hold three quarters of our freshwater, yet we don't have laws to protection them from climate change. Melting glaciers raise the seas, alter global ecosystems, warm our climate and bring onfloods that swamp millions of acres of land destroying coastal ecosystems and leaving hundreds of millions homeless. Healthy glaciers help keep our plan...
Mediation as a Mandatory Pre-condition to Arbitration
Mediation as a Mandatory Pre-condition to Arbitration debunks common arguments against the compatibility of mandatory investor-state mediation with the ISDS regime. Ana Ubilava pioneers an empirical analysis of over 600 investor-state arbitration cases and a doctrinal study of ISDS clauses in dozens of treaties.
Unilateral Sanctions in International Law and the Enforcement of Human Rights
The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
Megaregulation Contested
The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic ...
Big Data and Global Trade Law
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Developing Countries and Preferential Services Trade
A discussion of the flexibility in WTO law for developing countries and how it can be used to their economic advantage.
