International Economic Law eJournal最新文献_第9页

Judicial Expropriations - Difficulties in Drawing the Line between Adjudication and Expropriation 司法征收——划定裁定与征收界线的困难

International Economic Law eJournal Pub Date : 2017-06-17 DOI: 10.1007/978-981-13-5744-2_120-1

Sara Mansour Fallah

引用次数: 0

Provisions on Electronic Commerce in Regional Trade Agreements 关于区域贸易协定中电子商务的规定

International Economic Law eJournal Pub Date : 2017-06-01 DOI: 10.2139/SSRN.3005148

José-Antonio Monteiro, Robert R. Teh

引用次数: 39

The Return of Voluntary Export Restraints? How WTO Law Regulates (and Doesn't Regulate) Bilateral Trade-Restrictive Agreements 自愿出口限制的回归?WTO法律如何规范(或不规范)双边贸易限制协定

International Economic Law eJournal Pub Date : 2017-05-15 DOI: 10.2139/SSRN.2968416

G. Vidigal, Amsterdam Law RPS Submitter

{"title":"The Return of Voluntary Export Restraints? How WTO Law Regulates (and Doesn't Regulate) Bilateral Trade-Restrictive Agreements","authors":"G. Vidigal, Amsterdam Law RPS Submitter","doi":"10.2139/SSRN.2968416","DOIUrl":"https://doi.org/10.2139/SSRN.2968416","url":null,"abstract":"As part of the renegotiation of its Free Trade Agreement with the United States, South Korea has agreed to cut by 30% it steel exports to the US. In NAFTA negotiations, it is reported that Mexico has also agreed to a quota on auto exports, after which Mexican autos would be subject to more-than-MFN tariffs. Other WTO Members have accepted the application by the US of quotas on their steel an aluminium exports, avoiding additional tariffs on their products. These agreed limitations on exports bring back the spectre of ‘voluntary export restraints’, a widespread practice of the 1980s that was outlawed in the Uruguay Round Agreements. This article discusses the ways in which WTO law regulates, and does not regulate, agreements between WTO Members to limit parties’ rights under WTO law (‘WTO-minus’). While WTO-minus provisions in bilateral agreements are able to influence WTO law only under very specific circumstances, the design of WTO dispute settlement is such that measures based on WTO-minus arrangements may remain unopposed for long periods of time. At the same time, if trade-restrictive measures are challenged, WTO-minus provisions are unlikely to serve as a defense before WTO adjudicators, even where the Member that gave its consent to the WTO-inconsistent measure is the one challenging it.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131553218","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 Right to Regulate in International Investment Law and the Law of State Responsibility: A Hohfeldian Approach 国际投资法中的规制权与国家责任法:一个霍菲尔德式的视角

International Economic Law eJournal Pub Date : 2017-05-03 DOI: 10.2139/SSRN.2962686

Charalampos Giannakopoulos

{"title":"The Right to Regulate in International Investment Law and the Law of State Responsibility: A Hohfeldian Approach","authors":"Charalampos Giannakopoulos","doi":"10.2139/SSRN.2962686","DOIUrl":"https://doi.org/10.2139/SSRN.2962686","url":null,"abstract":"The right of States to regulate for the public interest has been the focus of increased interest in recent years, finding formal recognition in multiple international investment agreements (IIAs). Formal recognition of the right to regulate has largely been considered as a positive development in terms of making IIAs more balanced and giving arbitral tribunals a clear interpretive guidance against restricting the State’s regulatory space. That notwithstanding, the right to regulate in international investment law remains somewhat undertheorized. Using Hohfeld’s work, the aim of the present contribution is to fill this gap by offering some thoughts, about how the right to regulate operates as a State argument during arbitral proceedings, and about the implications of invoking that right for a State’s international responsibility. I argue that it is possible to conceptualise the right to regulate in international investment law in two ways: first, in its default understanding, the right to regulate means that the State has a Hohfeldian legal power, and hence, provides the State with a prima facie justification for actions taken; second, the right to regulate is a Hohfeldian immunity, meaning that the State is either fully justified or excused for acting in a certain way. It is submitted that the two conceptualisations are distinct from each other, and that each one gives rise to different argumentative strategies and different legal considerations in terms of triggering the host State’s international responsibility. Finally, I argue that conceptualisations of the right to regulate as a strict entitlement (i.e. a Hohfeldian claim-right) should be viewed with caution.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116284799","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: 2

Rethinking the Promotion and Protection of Foreign Investments: The 2015 South Africa's Protection Investment Act 重新思考促进和保护外国投资:2015年南非投资保护法案

International Economic Law eJournal Pub Date : 2017-04-29 DOI: 10.2139/SSRN.2960567

T. Gazzini

{"title":"Rethinking the Promotion and Protection of Foreign Investments: The 2015 South Africa's Protection Investment Act","authors":"T. Gazzini","doi":"10.2139/SSRN.2960567","DOIUrl":"https://doi.org/10.2139/SSRN.2960567","url":null,"abstract":"The disaffection of States towards investment treaties has grown considerably in the last few years and triggered the upgrading of BITs (i.e. BIT between Morocco and Nigeria), the revision of treaty models (i.e. India and Indonesia) or the conclusion of much less ambitious facilitation agreements (i.e. Brazil-Mozambique). South Africa has opted instead for the termination of several investment treaties and adoption of a piece of domestic legislation. The South African Protection of Investment Act (2015) is largely pegged to the Constitution and based on the extension to foreign investors of the protection granted to nationals, including the provisions on expropriation and regulatory powers. This chapter attempts to discuss and compare the protection foreign investors may expect to enjoy under the Act. It argues that from both substantive and procedural standpoints, the Act offers a level of protection definitely lower of that normally provided by international investment treaties. It remains to be seen whether such rather drastic departure from treaty standards is appropriate and what the consequences of the replacement of investment treaties with the Act may be on the flow of foreign investment to South Africa.","PeriodicalId":378416,"journal":{"name":"International Economic Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121471034","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

Perceived Information, Short Interest, and Institutional Demand 感知信息、空头兴趣和机构需求

International Economic Law eJournal Pub Date : 2017-03-06 DOI: 10.2139/ssrn.2884759

C. Chung, Luke DeVault, Kainan Wang

引用次数: 1

Проблема доверия и способы ее разрешения в международных отношениях (Trust Issues and Solutions in International Investment Relations)

International Economic Law eJournal Pub Date : 2017-03-01 DOI: 10.2139/ssrn.3462958

D. Shcherbakova, A. Medved

引用次数: 0

In Defense of International Investment Law 为国际投资法辩护

International Economic Law eJournal Pub Date : 2017-02-23 DOI: 10.1007/978-3-319-29215-1_13

S. Schill

引用次数: 8

The Empire Strikes Back: The Struggle to Reshape ISDS 帝国反击:重塑ISDS的斗争

International Economic Law eJournal Pub Date : 2017-02-16 DOI: 10.2139/SSRN.2943514

W. Reisman

引用次数: 2

Chinese Multilateralism in the AIIB 中国在亚投行的多边主义

International Economic Law eJournal Pub Date : 2016-12-21 DOI: 10.1093/JIEL/JGX006

B. Gu

引用次数: 21