International Economic Law eJournal最新文献

{"title":"Discussion Papers - Ciarb at Uncitral Working Group III: Efficiency, Decisions, and Decision-Makers","authors":"Mercy McBrayer","doi":"10.2139/ssrn.3334544","DOIUrl":"https://doi.org/10.2139/ssrn.3334544","url":null,"abstract":"These Discussion Papers are published to coincide with the commencement of UNCITRAL Working Group III's Phase III examination of potential reforms to the Investor-State Dispute Settlement (ISDS) system. In Phase I, the states identified numerous areas of concern in the ISDS system. In Phase II a consensus was reached that reforms to the ISDS system are desirable. WG III's mandate in Phase III is to develop relevant solutions to the areas of concern identified in Phase I. The issues identified fall under three main themes: efficiency, decisions, and decision makers. Efficiency encompasses concerns surrounding the cost and duration of disputes in ISDS. Decisions refers to the consistency, accuracy, predictability, and validity of the awards rendered in ISDS. Decision makers refers to the arbitrators themselves; who they are and how they are appointed. The purpose of these discussion papers is to present a basic overview of the issues under discussion in each thematic area and to show the varying and often opposing views that delegates must consider. These papers are designed to inform rather than persuade and to provide a starting point for meaningful conversations on ISDS reform among CIArb stakeholders.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115172659","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}

{"title":"Foreign Direct Investment and Investment Arbitration in China","authors":"K. Fan","doi":"10.1017/9781780688404.002","DOIUrl":"https://doi.org/10.1017/9781780688404.002","url":null,"abstract":"Investment has become increasingly important in shaping the economic landscape in Asia. In recent years, there has been a burgeoning number of bilateral investment treaties (BITs) and investment chapters incorporated into bilateral and regional free trade agreements (FTAs) in China. The rapid growth in the economy of China means that China’s approach to investment and the resolution of investment disputes are of significant importance for other Asian countries and for the world at large. This chapter gives an overview of Foreign Direct Investment (FDI) trends in China, examines the existing investment legal regime in China, and gives a detailed analysis of China's track record in investment treaty claims. \u0000 \u0000Given the specific autonomous status of Hong Kong Special Administration Region (Hong Kong SAR), it is authorised to conduct the relevant external affairs in accordance with the Basic Law, including to conclude bilateral investment treaties. Therefore, the FDI trends in Hong Kong and Hong Kong's existing investment legal regime will also be discussed separately. Whether the BITs entered into by China will apply in Hong Kong will also be addressed.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128923527","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}

{"title":"Murphy's Law: How Sports Gambling Legalization Can Have an International Impact","authors":"Baxter Geddie","doi":"10.2139/ssrn.3331148","DOIUrl":"https://doi.org/10.2139/ssrn.3331148","url":null,"abstract":"This Article discusses a history of gambling laws around the world and highlights the growth of the industry, particularly in regard to sports gambling. It goes on to address Antigua and Barbuda's World Trade Organization complaint against the United States for violating its commitments to the provision of gambling services. Since that dispute, the Supreme Court ruled in Murphy v. NCAA that Congress could not prohibit states from legalizing sports gambling. In the wake of Murphy v. NCAA, more countries will want to attract United States gamblers, and likewise, foreign gamblers will desire to enter the American gambling market. However, while sports gambling is now legal in many states, antiquated federal laws continue to prohibit the cross-border supply of gambling services. This Article shows that many countries have exemplified how regulation is more effective than prohibition, and it argues that the United States should remove remaining prohibitive laws and that the World Trade Organization should increase its role in gambling regulation to promote international uniformity and allow the gambling industry to achieve its full economic potential.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130494938","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}

{"title":"Toward an EU-Taiwan Bilateral Investment Treaty: A Roadmap","authors":"Chien-Huei Wu","doi":"10.4337/9781788971904.00020","DOIUrl":"https://doi.org/10.4337/9781788971904.00020","url":null,"abstract":"In its latest trade strategy document, released in 2015, Trade for All, the EU declared that “[B]uilding on the investment provisions under negotiation with China, the EU will explore launching negotiations on investment with Hong Kong and Taiwan”. Such proposal has been welcomed by Taiwan, but the road toward an EU-Taiwan bilateral investment treatment (BIT) is destined to be long and tortuous. \u0000Politically, the EU has, since the establishment of official diplomatic relations with China in 1975, adhered to a “One China policy”. Whether and how this “One China policy” might impact the shape and substance of a EU-Taiwan BIT is a subject to be explored. This political issue can be expressed in two specific questions. On the EU side, it is doubtful whether the EU would be willing to conclude a BIT with Taiwan before the inking an EU-China BIT. On the Taiwan side, the juxtaposition of Taiwan and Hong Kong seems to imply that the EU treats Taiwan and Hong Kong equally, at least from an economic perspective. Whether such a juxtaposition undermines Taiwan’s sovereignty should be carefully examined. \u0000Legally, while the EU and Taiwan are both Members of the World Trade Organisation (the WTO), they are not active actors in international investment law. Moreover, given that the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) is open for signature only to sovereign states, neither the EU nor Taiwan is contracting parties to this Convention; similarly, the institutional design of the International Centre for the Settlement of Investment Disputes (ICSID) limits its activities to sovereign states, the dispute settlement mechanism of an EU-Taiwan BIT should be thus located in some other forum. Would such a design affect the effectiveness of an investment dispute resolution? Additionally, as there are no official diplomatic relations between the EU and Taiwan, how should this EU-Taiwan BIT be signed is also an intriguing question. Would it be done through their respective missions, or are their missions to the WTO an option? \u0000In view of these uncertainties, this chapter aims to probe the possible course of the EU-Taiwan BIT negotiations and outline a roadmap. This chapter first portrays current political and economic relations between the EU and Taiwan and then explores the possible form of the envisaged EU-Taiwan BIT by examining such critical issues as the contracting parties, the design of investor-State dispute resolution, the investment court proposal by the EU and the sequence in which the EU might conclude BITs with China and Taiwan.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117191317","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}

{"title":"Dead End for Stabilization Clauses? The Effects of the Concessions Directive on Investor Protection Mechanisms","authors":"C. Stănescu","doi":"10.2139/SSRN.3291270","DOIUrl":"https://doi.org/10.2139/SSRN.3291270","url":null,"abstract":"The 2014/23/EU Directive on concessions introduces a new definition for concession contracts and a new set of rules concerning contract design and contract modification. The paper seeks to determine the effects of the Directive on concessions concerning oil and gas or energy production, mainly the clauses providing for fiscal and political investor protection mechanisms. By analyzing the black letter provisions of the Directive, the existent CJEU case law and relevant arbitral awards, it concludes that the new EU regime of concessions is incompatible with stabilization clauses and other mechanisms of investor protection that, on the one hand, limit the state’s regulatory powers and, on the other hand, guarantee investor’s profit arising from a concession, on the state’s expense. However, such change of regime is likely to stir a new wave of arbitration cases with unforeseeable results regarding the application of EU law and to drive away foreign investment altogether.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122612535","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}

{"title":"Framing Access and Exclusion for Arab Countries in WTO Affairs","authors":"B. Malkawi","doi":"10.20944/preprints201811.0578.v1","DOIUrl":"https://doi.org/10.20944/preprints201811.0578.v1","url":null,"abstract":"The WTO is here to stay. Institutions are never perfect. The way the WTO, as an institution, runs its business may not be perfect either. Arab countries are attempting to broaden their engagement in the multilateral trading system in a manner that has many implications. This engagement includes accession to the WTO, participation in WTO dispute resolution mechanism, and representations at the WTO.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129520262","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}

{"title":"Cadrul juridic si institutional al aderarii la moneda euro. Starea de drept si de fapt in Romania (Legal and Institutional Framework for Accession to the Euro Currency. The State of Art in Romania)","authors":"D. Şandru","doi":"10.2139/ssrn.3354162","DOIUrl":"https://doi.org/10.2139/ssrn.3354162","url":null,"abstract":"<b>Romanian Abstract:</b> Lucrarea are în vedere următoarele aspecte: prezentarea uniunii economice și monetare din perspectiva aderării unui stat membru la aceasta, și în particular elementele juridice privind aderarea României la zona euro, condițiile juridice și cadrul instituțional din România precum și posibile efecte juridice ale trecerii la euro, astfel cum acestea rezultă din dreptul comparat.<br><br><b>English Abstract:</b> This paper focuses on the following issues: the presentation of the Economic and Monetary Union from the perspective of the accession of a Member State to it, and in particularhighliging the legal elements regarding the accession of Romania to the eurozone, the legal conditions and the institutional framework from Romania and possible legal effects of the changeover, as they result from the comparative law.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133556101","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}

{"title":"Data Flows & National Security: A Conceptual Framework to Assess Restrictions on Data Flows Under GATS Security Exception","authors":"M. Ferracane","doi":"10.2139/ssrn.3490193","DOIUrl":"https://doi.org/10.2139/ssrn.3490193","url":null,"abstract":"This paper explores the national security implications of a potential for a WTO dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under GATS security exception. The paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments. If a case where to be brought before the WTO dispute settlement, there are certain national security concerns which can be considered essential and imminent, and that therefore the defender might bring up to support its case for invoking the security exception. These are: protection from cyber espionage, protection from cyber attacks on critical infrastructure, and access data in order to prevent terrorist threats. The paper presents both a legal and technical analysis of these three cases in order to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era. The paper finds that in the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. As a matter of fact, several studies claim that local processing requirements can have rather a detrimental impact on security. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyber attacks and terrorist threats.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116814751","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}

{"title":"Inconsistency’s Many Forms in Investor-State Dispute Settlement and Implications for Reform","authors":"Lise Johnson, Lisa E. Sachs","doi":"10.2139/ssrn.3660920","DOIUrl":"https://doi.org/10.2139/ssrn.3660920","url":null,"abstract":"UNCITRAL has a vital role to play in exploring problems with and potential reform of ISDS, and in considering how to ensure its work better promotes, and does not undermine, rule of law, other domestic and international commitments and policies, and the globally agreed Agenda 2030. As the process moves forward, it is essential for the work to take a broad approach to defining the problem of “inconsistency” and designing reform solutions, as explored in this briefing note. Reform proposals regarding limiting shareholder claims, increasing states’ interpretive power, and avoiding inappropriate adjudicator incentives are undoubtedly positive signs that reflect earnest desire for change. But it is unclear that anything short of a reversion to state-to-state dispute settlement will minimize the risk of inconsistency across law and policy spheres.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121321086","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}

{"title":"The Function of the Transnational Chinese Contract","authors":"C. L. Lim","doi":"10.1163/22119000-12340133","DOIUrl":"https://doi.org/10.1163/22119000-12340133","url":null,"abstract":"\u0000This article focusses on Chinese contractual practice in the energy sector and related sectors – principally in China’s inbound and outbound investments in the petroleum sector as well as in other energy-related financing and infrastructure construction contracts. Its concern is with the drafting of Belt and Road contracts, especially where this may lead to contract ‘internationalisation’. The article also discusses the interplay between Chinese contracts and treaties. It asks if there is Chinese receptiveness to international principles in seeking to protect the rights of Chinese as well as foreign parties. A preliminary finding is that there is an asymmetry between what Chinese upstream oil contracts do in protecting foreign ownership interests, even to the point of evincing Chinese acceptance of the ‘internationalisation’ of contracts, and the intergovernmental work done through negotiated treaty terms to protect Chinese investments abroad.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133052203","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}