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The journal of world investment and trade最新文献

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Special Issue: The Future of Transatlantic Economic Governance in the Age of the BRICS: An Introduction 特刊:金砖国家时代跨大西洋经济治理的未来:导论
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340091
J. Maupin, Marina Trunk-Fedorova
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引用次数: 0
How Can China Influence the Transatlantic Governance of Cultural Products in the Digital Age 中国如何影响数字时代跨大西洋文化产品治理
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340096
B. B. Carril
{"title":"How Can China Influence the Transatlantic Governance of Cultural Products in the Digital Age","authors":"B. B. Carril","doi":"10.1163/22119000-12340096","DOIUrl":"https://doi.org/10.1163/22119000-12340096","url":null,"abstract":"Cultural products were a problematic issue in the negotiations of the Transatlantic Trade and Investment Partnership (TTIP). The maintenance of the cultural exception – the exclusion of audiovisual products from some trade rules – was at stake at the beginning of the negotiations. The Europeans argued for the exception, while the United States were more interested in the liberalization of web-based cultural products than in the liberalization of traditional ones. Since the TTIP aimed to remove obstacles not only between European and American markets but also to set out global regulatory rules, China took a keen interest in the negotiations. This article shows how China is acting in the international legal sphere in order to improve its power in the field of cultural products and the effects of this on transatlantic negotiations. It also suggests some actions the European Union can take in order to defend its position in future negotiations.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128611947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The BRICS Contingent Reserve Arrangement: A Subversive Power Against the IMF’s Conditionality? 金砖国家应急储备安排:反对IMF附带条件的颠覆力量?
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340099
Aike I. Würdemann
{"title":"The BRICS Contingent Reserve Arrangement: A Subversive Power Against the IMF’s Conditionality?","authors":"Aike I. Würdemann","doi":"10.1163/22119000-12340099","DOIUrl":"https://doi.org/10.1163/22119000-12340099","url":null,"abstract":"In 2014, the BRICS countries established the Contingent Reserve Arrangement (CRA) purportedly to compensate for the BRICS’ frustration over the non-materialization of reforms in the International Monetary Fund (IMF) that had long been promised but blocked by the United States until late 2015. A contractual analysis of the CRA reveals that though all BRICS countries enjoy equality for strategic decisions, the CRA strongly resembles the IMF’s quota-based voting distribution where operational decisions are taken. It nevertheless provides a more balanced voting system, as it does not provide one single party with a veto position. The CRA further lacks legal personality and other fundamental features such as its own staff or macroeconomic research facilities. Financing approvals are thus linked to IMF on-track arrangements, which undermines the CRA’s significance. The CRA nonetheless holds the potential to be developed into a viable BRICS alternative to the IMF in the long term.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114597124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Negotiating 21st Century Rules on Energy: What Is at Stake for the European Union, the United States and the BRICS? 谈判21世纪的能源规则:欧盟、美国和金砖国家面临什么风险?
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340095
Ilaria Espa, Kateryna Holzer
{"title":"Negotiating 21st Century Rules on Energy: What Is at Stake for the European Union, the United States and the BRICS?","authors":"Ilaria Espa, Kateryna Holzer","doi":"10.1163/22119000-12340095","DOIUrl":"https://doi.org/10.1163/22119000-12340095","url":null,"abstract":"In the context of the Transatlantic Trade and Investment Partnership (TTIP), the European Union (EU) has taken the lead in promoting the inclusion of a specific chapter on energy trade and investment in order to enhance energy security and promote renewable energy. Irrespective of the success of the TTIP negotiations, the EU proposal can contribute to developing multilateral rules on energy trade and investment. This is especially important given the increased number of energy disputes filed by the EU and the United States against other leading energy market players, including the BRICS. This article provides a normative analysis of the new rules proposed by the EU and reflects on potential responses of BRICS energy regulators. It argues that, while these rules are unlikely to immediately affect BRICS energy practices, they may eventually be ‘imported’ in BRICS domestic jurisdictions in order to promote renewable energy and attract investment in energy infrastructure.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124128521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
Structural Banking Reforms in the Age of the BRICS: Transatlantic Cooperation Within a Multilateral Framework 金砖国家时代的银行结构改革:多边框架下的跨大西洋合作
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340097
Elisabetta Cervone
{"title":"Structural Banking Reforms in the Age of the BRICS: Transatlantic Cooperation Within a Multilateral Framework","authors":"Elisabetta Cervone","doi":"10.1163/22119000-12340097","DOIUrl":"https://doi.org/10.1163/22119000-12340097","url":null,"abstract":"The Volcker Rule could potentially apply to the global structure of a foreign bank with US branches or any business of foreign banks with US counterparties. In light of the rise of emerging markets such as China and India as key players in the global economy (and the growth in general of the BRICS countries), concerns of an adverse extraterritorial impact of the Volcker Rule are relevant. This article emphasizes that, even when there is no global standard – as in current structural reforms – mutual recognition based on equivalence (as adopted in the European Union reforms) would be a slow, complex process toward harmonization, but it might work. The purpose of this article is to explore the prospects of harmonization and the development of global standards via extraterritoriality in structural banking measures, providing a view on the role of national regulations as a potential source of international financial law.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130479340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Citizens and Transatlantic Free Trade Agreements: How to Reconcile American 'Constitutional Nationalism' with European 'Multilevel Constitutionalism'? 公民与跨大西洋自由贸易协定:如何调和美国的“宪政民族主义”与欧洲的“多层次宪政主义”?
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340092
E. Petersmann
{"title":"Citizens and Transatlantic Free Trade Agreements: How to Reconcile American 'Constitutional Nationalism' with European 'Multilevel Constitutionalism'?","authors":"E. Petersmann","doi":"10.1163/22119000-12340092","DOIUrl":"https://doi.org/10.1163/22119000-12340092","url":null,"abstract":"The EU free trade agreements (FTAs) with Canada and the USA aim at protecting transnational public goods - like a rules-based, transatlantic market - that could be progressively extended to other European and North-American FTA member states and serve as a model for reforming also worldwide trade rules and governance institutions. As explained by democratic and cosmopolitan republicanism and 'law and economics', international law and governance can protect public goods more effectively and legitimately if citizens are empowered as 'democratic principals' and republican 'constituent powers' to hold multilevel governance institutions legally, democratically and judicially accountable for their frequent governance failures. The Lisbon Treaty established a 'cosmopolitan foreign policy constitution' requiring 'protection of its citizens', 'strict observance of international law' and rights-based market regulations also in the EU's external relations (cf. Arts 3, 21 TEU). This contribution criticizes the EU policies of disempowering citizens in FTAs with constitutional democracies and undermining their fundamental rights and judicial remedies. Without stronger accountability to its citizens, the EU cannot address its crises of legitimacy and disregard for rule of law.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130026649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Brazil’s New Model of Dispute Settlement for Investment: Return to the Past or Alternative for the Future? 巴西投资争端解决新模式:回归过去还是选择未来?
The journal of world investment and trade Pub Date : 2018-05-03 DOI: 10.1163/22119000-12340100
G. Vidigal, Beatriz Stevens
{"title":"Brazil’s New Model of Dispute Settlement for Investment: Return to the Past or Alternative for the Future?","authors":"G. Vidigal, Beatriz Stevens","doi":"10.1163/22119000-12340100","DOIUrl":"https://doi.org/10.1163/22119000-12340100","url":null,"abstract":"This article assesses the contribution of Brazil’s new bilateral treaties on investment, labelled Cooperation and Investment Facilitation Agreements (CIFAs), to the international legal framework for transnational investment. With its CIFAs, nine of which were concluded since 2015, Brazil offers an innovative model of International Investment Agreement (IIA) which does not contain investor-state dispute settlement (ISDS). Instead, CIFAs establish a system that combines dispute prevention mechanisms, creating institutions to ensure continued communication and foster cooperation, and state-to-state arbitration (inspired by dispute settlement provisions common in trade agreements and codified in the World Trade Organization’s Dispute Settlement Understanding). Like recent initiatives put forward by India and the European Union, CIFAs aim not only to regulate bilateral relations but also to positively influence the current debates relating to the reform of the international investment regime. Whether they will become an alternative to the current ISDS-dominated framework will be determined by practice.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132795759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 15
Interpretation of International Investment Treaties, written by Tarcisio Gazzini 《国际投资条约解释》，塔西奥·加齐尼著
The journal of world investment and trade Pub Date : 2018-04-06 DOI: 10.1163/22119000-12340077
R. Gardiner
{"title":"Interpretation of International Investment Treaties, written by Tarcisio Gazzini","authors":"R. Gardiner","doi":"10.1163/22119000-12340077","DOIUrl":"https://doi.org/10.1163/22119000-12340077","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115647044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Complicity in Forgery and Investor Due Diligence over Local Partners 共谋伪造和投资者对当地合伙人的尽职调查
The journal of world investment and trade Pub Date : 2018-04-06 DOI: 10.1163/22119000-12340089
J. Ahmad
{"title":"Complicity in Forgery and Investor Due Diligence over Local Partners","authors":"J. Ahmad","doi":"10.1163/22119000-12340089","DOIUrl":"https://doi.org/10.1163/22119000-12340089","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"12 3‐4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132340732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On Investment Law and Questions of Change 论投资法及其变化问题
The journal of world investment and trade Pub Date : 2018-04-06 DOI: 10.1163/22119000-12340080
Joshua Paine
{"title":"On Investment Law and Questions of Change","authors":"Joshua Paine","doi":"10.1163/22119000-12340080","DOIUrl":"https://doi.org/10.1163/22119000-12340080","url":null,"abstract":"This article analyses the various ways in which investment law raises questions of change. It distinguishes between changes in international investment norms, and changes in a host state’s regulatory system which is subject to the control of such norms, and explains how these different manifestations of change relate to the distinct yet interrelated issues of interpretation and application. The article explains why, given features of the contemporary investment regime, on questions of interpretation, concerning the content of international investment norms, arbitrators operate within wider processes of law-development over which states, as treaty masters, also exercise significant influence. In contrast, arbitrators dominate the process of applying international investment norms to particular investor-state disputes to determine whether changes in a host state’s regulatory system breach applicable investment norms. This claim is demonstrated in relation to the two most prominent investment treaty standards: fair and equitable treatment, and the protection against indirect expropriation.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123014369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
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