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The foundations of International economic order in the age of state capitalism
No full textThe present chapter is premised on the assumption that the promotion of liberal market values is an important objective of the international economic order, but that so too is (and will be) the preservation of institutional diversity and the capacity for institutional innovation, against which it has always to be balanced. A number of different international rules may apply to state enterprises. After situating state enterprises in the contemporary international legal system looking particularly at economic relations among states, this chapter will focus on the main challenges to regulation that government influence on state enterprises’ activities poses to the two areas of international trade law and international investment law in light of their foundational principles and common subtext
Equity and equitable principles in the World Trade Organization ::addressing conflicts and overlaps between the WTO and other regimes /
No full text"This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. "--"There has been little comprehensive treatment of the role of equity and equitable principles in WTO Dispute Settlement Body (DSB) proceedings. This lack is especially important in WTO disputes where normative overlaps and conflicts occur between the multilateral trade regime and other specialized international regimes. This book analyses whether and how equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes. It especially focuses on challenges posed by fragmentation in international law, and asks how equity and equitable principles constitute a 'toolbox' capable of addressing these in WTO dispute settlement within this context. Anastasios Gourgourinis provides a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. As a work which explores both the potential role of equity and equitable principles in dispute settlement, and the effects of fragmentation in international law, this book will be of great interest and use to researchers and students in international trade and economic law, public international law, and international political economics"-
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Equity and equitable principles in the World Trade Organization ::addressing conflicts and overlaps between the WTO and other regimes /
No full text"This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. "--"There has been little comprehensive treatment of the role of equity and equitable principles in WTO Dispute Settlement Body (DSB) proceedings. This lack is especially important in WTO disputes where normative overlaps and conflicts occur between the multilateral trade regime and other specialized international regimes. This book analyses whether and how equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes. It especially focuses on challenges posed by fragmentation in international law, and asks how equity and equitable principles constitute a 'toolbox' capable of addressing these in WTO dispute settlement within this context. Anastasios Gourgourinis provides a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. As a work which explores both the potential role of equity and equitable principles in dispute settlement, and the effects of fragmentation in international law, this book will be of great interest and use to researchers and students in international trade and economic law, public international law, and international political economics"-
Recommended from our members
Equity and equitable principles in the World Trade Organization ::addressing conflicts and overlaps between the WTO and other regimes /
No full text"There has been little comprehensive treatment of the role of equity and equitable principles in WTO Dispute Settlement Body (DSB) proceedings. This lack is especially important in WTO disputes where normative overlaps and conflicts occur between the multilateral trade regime and other specialized international regimes. This book analyses whether and how equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes. It especially focuses on challenges posed by fragmentation in international law, and asks how equity and equitable principles constitute a 'toolbox' capable of addressing these in WTO dispute settlement within this context. Anastasios Gourgourinis provides a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. As a work which explores both the potential role of equity and equitable principles in dispute settlement, and the effects of fragmentation in international law, this book will be of great interest and use to researchers and students in international trade and economic law, public international law, and international political economics"--"This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. "-
Between War and Peace: Intermittent Armed Conflict and Investment Arbitration
Get PDFDuring periods of armed conflict, a State’s treaty commitments may be suspended or replaced by other international legal obligations, often relating to international humanitarian law, the laws of war or international human rights law. However, international investment agreements (IIAs) may be distinct in this respect. A State’s ability to derogate from its IIA obligations during periods of armed conflict is likely to be extremely limited or impossible; many IIAs explicitly provide protections to foreign investors in times of armed conflict or war. What is less clear is how the incidence of armed conflict within the territory of a State subject to an investment treaty dispute is to be resolved by an arbitral tribunal when the armed conflict is not – and possibly cannot be – clearly defined; or where there are cycles of war and peace within short periods of time and relating to the same general situation. We address this question in the context of the Libyan Civil War, considering the most relevant standards of protection included in IIAs concluded by Libya, as well as the most likely defences which Libya may invoke to preclude wrongfulness for possible breaches of its IIA obligations
Awarding Damages in Times of Armed Conflict: An Emerging Standard of “Economic Capacity” for the Host State
No full textThis chapter considers what legal standards should be applied by an arbitration tribunal in the assessment of damages in the context of armed conflicts. It is argued that if a dispute arises within the context of an armed conflict, an arbitration tribunal needs to apply a different methodological approach than in times of peace. Specifically, investment arbitrators could engage with the concrete legal standard for the “economic capacity” of the host State that emerges from decisions made by the Eritrea-Ethiopia Claims Commission. The adoption of this standard could provide valuable guidance when confronting the difficult task of calculating damages in the context of armed struggles. In order to advance this argument, the chapter provides a general map of the current methods and sources applied by investment tribunals to assess damages in the absence of definitive written provisions in the relevant international investment agreements. It further discusses the “economical capacity” standard developed in the final award of the Eritrea-Ethiopia Claims Commission and the way that this conceptual development could be applied to investment arbitration in times of armed conflict
The Review of National Competition Authorities’ Acts in Investment Arbitration: Setting Limits to ‘Economic Lawfare’ in the 21st Century
No full textThis chapter explores what could be an appropriate standard of review that investment arbitrators could use to evaluate the lawfulness of acts of national competition authorities in the context of “economic lawfare”. The interest in international investment arbitration and competition law adjudicators is justified since both are empowered with effective coercion mechanisms. Also, both fields have developed a highly specialized legal vocabulary to codify economic transactions. Therefore, in the context of current developments especially with the intervention of state-owned enterprises in the markets of other states, it is possible that these two fields could be used (or abused) by the states involved in an international conflict. These dynamics are explored with reference to the arbitration case between Gazprom, the state-owned enterprise of Russia and the Ukrainian competition authority. The chapter argues in general for the need of a three-principles standard of review to examine the acts of national competition authorities in light of the current standards of treatment contained in international investment agreements (IIAs)
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