World Trade Review最新文献_第6页

Beyond Self-Interest: Why the Market Rewards Those Who Reject It? by Krzysztof Pelc Oxford University Press, 2022 超越自身利益:为什么市场会奖励那些拒绝它的人?Krzysztof Pelc，牛津大学出版社，2022

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-03-08 DOI: 10.1017/s1474745623000010

Kristen R. Collins

引用次数: 0

‘Unforeseen Developments’ Before and After US – Safeguard Measure on PV Products: High Standard or New Standard? 美国前后的“不可预见的发展”——光伏产品保障措施：高标准还是新标准？

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-26 DOI: 10.1017/s1474745622000532

Weihuan Zhou, Mandy Meng Fang

{"title":"‘Unforeseen Developments’ Before and After US – Safeguard Measure on PV Products: High Standard or New Standard?","authors":"Weihuan Zhou, Mandy Meng Fang","doi":"10.1017/s1474745622000532","DOIUrl":"https://doi.org/10.1017/s1474745622000532","url":null,"abstract":"\u0000 This paper offers a comprehensive study of the jurisprudence on the ‘as a result of unforeseen developments’ test under the WTO's safeguards (SG) rules. It contributes to the existing scholarship by making three fresh arguments. First, the Appellate Body's decision to ‘revive’ this test as a prerequisite for the application of SG measures is not necessarily incompatible with the drafting record of the SG Agreement, even though this agreement does not make explicit reference to the test. Second, the test is not excessively difficult to satisfy under the standard of review established by case law, even though governments failed to pass it in almost all SG disputes to date. Third, in sharp contrast, the recent US–Safeguard Measure on PV Products decision took a strikingly more deferential approach which fell far short of the established standard of review, leading to the first and only decision in which the test was found to be satisfied. This decision has arguably created a new standard which could lead to abuse of SG measures and damage to the dispute settlement system and hence should be avoided in future disputes.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47498004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

International Organizations, Technical Assistance, and Domestic Investment Laws 国际组织、技术援助和国内投资法

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/S1474745622000453

Tarald Gulseth Berge, O. Fauchald

{"title":"International Organizations, Technical Assistance, and Domestic Investment Laws","authors":"Tarald Gulseth Berge, O. Fauchald","doi":"10.1017/S1474745622000453","DOIUrl":"https://doi.org/10.1017/S1474745622000453","url":null,"abstract":"Abstract Can supranational actors influence domestic policy? In this article, we study how international organizations have sought to shape the contents of domestic laws aimed at protecting foreign investment. Traditionally, the influence of international organizations on public policy has been assumed to run through loan conditionalities. We build on a recent strand of literature indicating that international organizations can also influence public policy through technical assistance. Empirically, we present a cross-sectional mapping of the protection that states offer foreign investors in domestic investment laws, and a mapping of the advisory activities of the three main organizations offering technical assistance on foreign investment laws: the United Nations Conference on Trade and Development, the Organization for Economic Co-operation and Development, and the World Bank. We find that there are significant variations in protection offered under domestic investment laws, and variation in international organizations’ technical assistance over time and across organizations. To explore technical assistance as a causal mechanism for influence on public policy more closely in this field, we conduct a case study of the development of domestic investment legislation in Bosnia and Herzegovina.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"22 1","pages":"147 - 172"},"PeriodicalIF":1.3,"publicationDate":"2023-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47603060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Domestic Investment Incentives in International Trade Law 国际贸易法中的国内投资激励

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/S147474562200043X

A. Gourgourinis

引用次数: 0

Domestic Investment Laws, International Economic Law, and Economic Development 国内投资法、国际经济法和经济发展

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/S1474745622000374

Kehinde Folake Olaoye, M. Sornarajah

{"title":"Domestic Investment Laws, International Economic Law, and Economic Development","authors":"Kehinde Folake Olaoye, M. Sornarajah","doi":"10.1017/S1474745622000374","DOIUrl":"https://doi.org/10.1017/S1474745622000374","url":null,"abstract":"Abstract ‘Development’ is a legal concept which has been central to the practice of international economic law (IEL). This Article examines how ‘development’ continues to be at the heart of struggles between domestic investment laws (DILs) and international economic law. By examining over 3000 international investment agreements (IIAs) and DILs signed in the last seven decades, this Article identifies the ways in which the concept of development has evolved in tandem with the growth of international economic law by dividing the history of international investment law into six main phases. It traces the emergence of ‘development’ in DIL to the decolonization era arguing that post 1990, the proliferation of international investment treaties and growth of investment treaty arbitration have been used as tools of liberalization on the weak premise that this would lead to economic development. In this context, this Article examines closely the interpretation of ‘investment’ by ICSID tribunals, promotion of international arbitration for economic development, attempts to internationalize economic development contracts, continued relevance of the New International Economic Order, and shift to sustainable development in IEL discourse.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"22 1","pages":"109 - 132"},"PeriodicalIF":1.3,"publicationDate":"2023-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46156744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

New Investment Rulemaking in Asia: Between Regionalism and Domestication 亚洲新的投资规则制定：在区域主义和本土化之间

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/S1474745622000362

Pasha L. Hsieh

{"title":"New Investment Rulemaking in Asia: Between Regionalism and Domestication","authors":"Pasha L. Hsieh","doi":"10.1017/S1474745622000362","DOIUrl":"https://doi.org/10.1017/S1474745622000362","url":null,"abstract":"Abstract The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's omission of ISDS reflects a distinct approach that may confront challenges to state-to-state proceedings and treaty shopping under overlapping pacts. Finally, the research sheds light on Asian countries' recent investment agreements and domestic dispute settlement that complement the liberal international order. These developments provide valuable models for developing countries and contribute to the understanding of global investment reforms from an Asian perspective.","PeriodicalId":46109,"journal":{"name":"World Trade Review","volume":"22 1","pages":"173 - 192"},"PeriodicalIF":1.3,"publicationDate":"2023-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45159019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

WTR volume 22 issue 1 Cover and Back matter WTR第22卷第1期封面和封底

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/s1474745622000556

引用次数: 0

‘The Black Pit:’ Power and Pitfalls of Digital FDI and Cross-Border Data Flows “黑坑:数字化FDI和跨境数据流的力量与陷阱”

IF 1.3 3区社会学

World Trade Review Pub Date : 2023-01-13 DOI: 10.1017/S1474745622000337

J. Chaisse

引用次数: 3

Domestic Investment Laws and State Capitalism 国内投资法与国家资本主义

IF 1.3 3区社会学