Relevant bibliographies by topics / International trade and investment law

Academic literature on the topic 'International trade and investment law'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "International trade and investment law"

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DiMascio, Nicholas, and Joost Pauwelyn. "Nondiscrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?" American Journal of International Law 102, no. 1 (January 2008): 48–89. http://dx.doi.org/10.1017/s000293000003983x.

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For global business, international trade and investment are bound at the hip. When businesses trade internationally, goods or services cross borders; when they invest, it is capital and other factors of production that do so. Companies trade to supply their foreign investments; they invest to facilitate and diversify their trade. In contrast, international law addresses trade and investment separately and regulates them in ways that are dramatically different. First, trade has been governed multilaterally since 1947 through what today is the World Trade Organization (WTO), whereas close to 2,600 separate bilateral investment treaties (BITs), which mushroomed only in the 1980s and 1990s, now regulate foreign direct investment (FDI). Second, hundreds of increasingly sophisticated WTO rules discipline trade, whereas a mere handful of principles cover investment—many of which derive from customary international law. Third, trade agreements are enforced exclusively between states, with reciprocal trade sanctions as the remedy of last resort; under investment treaties, private companies have standing to claim monetary damages from host country governments.
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Gourgourinis, Anastasios. "Domestic Investment Incentives in International Trade Law." World Trade Review 22, no. 1 (January 13, 2023): 35–54. http://dx.doi.org/10.1017/s147474562200043x.

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AbstractDomestic Investment Laws (DILs), a prominent tool of contemporary unilateral International Economic Law (IEL) in the context of the Liberal International Order (LIO), consistently provide for investment incentives as a key aspect of domestic industrial policies geared to influence investment location decisions. The various types of investment incentives include fiscal measures to attract investment, direct subsidies, and other regulatory measures aimed at creating favorable administrative and regulatory conditions for investment. This article analyzes how the provisions of the World Trade Organization (WTO) Agreements contain basic disciplines and set limitations for the distortive effects of investment incentives. It is argued that the relevance of WTO law for domestic investment incentives should not be under-stated; rather, DILs providing investment incentives should be treated as a limited exception to the ongoing move from international to domestic in the era of the LIO.
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Sabahi, Borzu, Ian A. Laird, and Giovanna E. Gismondi. "International Investment Law and Arbitration: History, Modern Practice, and Future Prospects." Brill Research Perspectives in International Investment Law and Arbitration 1, no. 1 (February 1, 2018): 1–64. http://dx.doi.org/10.1163/24055778-12340001.

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AbstractInternational Investment Law is one of the most dynamically growing fields of International Law as shown by the volume of Bilateral Investment Treaties (bits), and investment chapters in a growing numbers of regional and mega-regional trade agreements. This paper explores the origin, evolution and operation of International Investment Law. It discusses the main actors, the protections afforded to foreign investments and investors, and the content of modernbits. The legal issues and challenges International Investment Law faces today are brought into perspective. Particularly, this paper provides an assessment of the measures put forth by the European Union aimed at transforming the traditional investor-State arbitration system to an Investment Court System. An examination of thenaftare-negotiations is also presented, including the impact thatceta, a trade deal between theeuand Canada could have in the outcome of the current re-negotiations.
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Tamayo-Álvarez, Rafael. "The Strategic Use of International Investment Law in Colombia – Textiles: Navigating within the International Regime Complex for Development." Law and Development Review 13, no. 1 (February 25, 2020): 31–58. http://dx.doi.org/10.1515/ldr-2018-0080.

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AbstractTrade-based money laundering (TBML) is a major concern in Colombia, where criminal organisations employ under-invoicing to conceal drug-trafficking proceeds. In response, Colombia imposed a compound tariff on certain Panamanian importations that were considered linked to this phenomenon. Alleging that the policy measure infringed Colombia’s tariff concessions, Panama activated the World Trade Organisation (WTO) dispute settlement mechanism. The dispute revolved around Article II:1 of the General Agreement on Tariff and Trade 1994. Colombia argued that this norm should be interpreted as to encompass licit trade only. Colombia looked for normative support in the investment treaty regime by establishing a parallel between undervalued imports and illegal investments. Therefore, just as investment treaty tribunals abstain from extending international legal protection to illegal investments, the WTO adjudicating bodies should not extend tariff concessions to importations linked to TBML activities. This article contends that by transplanting a more favourable doctrine of legality from the investment treaty regime to the multilateral trade regime, Colombia engaged in strategic regime shifting. Accordingly, drawing on regime complexes analysis, the article argues that by considering development a common issue-area, it is possible to articulate strategic connections between both regimes.
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Vergano, Paolo R., and Tobias Dolle. "The Trade Law Consequences of “Brexit”." European Journal of Risk Regulation 7, no. 4 (December 2016): 795–800. http://dx.doi.org/10.1017/s1867299x00010229.

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AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.
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Gâlea, Ion, and Bogdan Biriş. "National treatment in international trade and investment law." Acta Juridica Hungarica 55, no. 2 (June 2014): 174–83. http://dx.doi.org/10.1556/ajur.55.2014.2.7.

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VOON, TANIA. "Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules." World Trade Review 17, no. 1 (April 25, 2017): 33–63. http://dx.doi.org/10.1017/s147474561700009x.

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AbstractPessimism abounds in international economic law. The World Trade Organization (WTO) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO's current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.
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JOHNSTON, ADRIAN M., and MICHAEL J. TREBILCOCK. "Fragmentation in international trade law: insights from the global investment regime." World Trade Review 12, no. 4 (June 12, 2013): 621–52. http://dx.doi.org/10.1017/s1474745613000128.

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AbstractWith World Trade Organization negotiations stagnant, and preferential trade agreements (PTAs) rapidly proliferating, international trade relations are shifting markedly toward bilateralism. The resulting fragmentation in the international trade regime poses serious risks to economic welfare and the coherence of international trade law. Similar challenges have been faced in the international investment regime, which is comprised of a highly fragmented network of bilateral investment treaties (BITs). However, scholars have identified several mechanisms that promote harmonization in the international investment regime. Among these are cross-treaty interpretation in dispute settlement and the inclusion of most-favoured nation (MFN) clauses in BITs. This paper assesses the scope for these two mechanisms to emerge in the international trade regime by comparing the legal framework, institutional dynamics, and political economy of the trade and investment regimes. The analysis suggests that cross-treaty interpretation is likely to emerge in the trade regime as PTA dispute settlement activity increases and that greater use of MFN clauses in PTAs is a viable possibility. These developments would mitigate the effects of fragmentation and advance harmonization in the international trade regime.
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Garcia, Frank J., Lindita Ciko, Apurv Gaurav, and Kirrin Hough. "Reforming the International Investment Regime: Lessons from International Trade Law." Journal of International Economic Law 18, no. 4 (December 2015): 861–92. http://dx.doi.org/10.1093/jiel/jgv042.

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Ortino, Federico, and Karl P. Sauvant. "Extending International Legal Aid from Trade to Investment: An Advisory Centre on International Investment Law." Global Trade and Customs Journal 16, Issue 10 (October 1, 2021): 548–54. http://dx.doi.org/10.54648/gtcj2021066.

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Several mechanisms at the international level provide legal aid to lower-income States to strengthen ‘access to justice’ and ‘equality among States’, whether through direct financial support or institutional legal assistance. After reviewing the concept of international legal aid, this article makes the case for the creation of an Advisory Centre on International Investment Law (ACIIL) to provide support to respondent States involved in disputes brought by private investors based on international investment treaties and other instruments, as part of investor-State dispute settlement (ISDS). The increasing costs, complexity and number of investor-State arbitrations has strengthened the need for an international legal aid mechanism in this area, to put under-resourced developing countries in a better position to have affordable access to justice and defend themselves adequately in international investment disputes. This would level the playing field, strengthen the confidence of governments in a reformed investment regime and thereby enhance its legitimacy. Drawing on the experience of the Advisory Centre on WTO Law (ACWL), the article discusses the rationale, key features and current policy challenges of an Advisory Centre on International Investment Law. Advisory Centre on WTO Law, Advisory Centre on International Investment Law, international legal aid, access to justice, investor-state disputes, international investment law, multinational enterprises
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Dissertations / Theses on the topic "International trade and investment law"

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Schram, Ashley. "International Trade and Investment Agreements and Health: The Role of Transnational Corporations and International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.

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Addressing complex global health challenges, including the burden of noncommunicable diseases (NCDs), will require change in sectors outside of traditional public health. Contemporary regional trade and investment agreements (RTAs) like the Trans-Pacific Partnership (TPP) continue to move further ‘behind-the-border’ into domestic policy space introducing new challenges in the regulation of health risk factors. This dissertation aimed to clarify the pathways through which RTAs influence NCDs, and to explore points along those pathways with the intent of improving the existing evidence base and supporting policy development. This work develops a critical theoretical framework exploring the ideas, institutions, and interests behind trade and investment policy; it also develops a conceptual framework specifying how trade and investment treaty provisions influence NCD rates through the effects of trade and investment on tobacco, alcohol, and ultra-processed food and beverage products, as well as access to medicines and the social determinants of health. Using health impact assessment methodology, three analytical components were designed to examine pathways of influence from RTAs to health outcomes as mediated by the interests of transnational corporations (TNCs). The first component explored the influence of industry during the TPP negotiations and how its health-related interests were reflected in the final TPP text. The second component examined the role of trade and investment liberalisation in health-harmful commodity markets, finding a rise in TNC sales after a period of liberalisation. The third component demonstrated how investor rights and investor-state dispute can challenge the state’s right to regulate if it damages the profits of TNCs, which may threaten effective health regulation, and provides opportunities to strengthen the right to regulate. The work in this dissertation provides support for the thesis that trade and investment policies are a fundamental structural determinant of health and well-being, which are highly influenced by TNCs that guide such policies in the interest of maximising their profits and protections, often to the detriment of public policy and population health. This work identifies the need for more robust health impact assessments of RTAs before future agreements are ratified, as well as an imperative to challenge vested interests that entrench neoliberal policy preferences that have hindered sustainable and equitable development.
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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.

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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making. This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied? For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future. Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
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Boyce, Gizelle Marie. "An examination of whether the protection of Investment Act represents a successful alternative to bilateral investment treaties." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25200.

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The aim of this thesis is to examine whether South Africa's recently promulgated Protection of Investment Act represents a viable alternative to the bilateral investment treaty regime. In undertaking this examination, the bilateral investment treaty regime which preceded the Protection of Investment Act was first reviewed and some of the typical clauses found in these treaties were examined. Pursuant to this examination, the Foresti arbitration, through which a group of Italian and Luxembourgish investors challenged South Africa's affirmative action measures in the mining industry on the basis of the bilateral investment treaties that South Africa had entered into, was then introduced. The author examined the claim made in Foresti, South Africa's response and the final award. The next Chapter then turned to the effects of the Foresti arbitration, which set in motion South Africa's review of the BITs it had entered into, and then the eventual termination of these BITs and replacement with the Protection of Investment Act. In answering the central question of this thesis, a clause by clause analysis of the Protection of Investment Act was conducted in order to determine whether that Act is able to satisfy the deficiencies highlighted in the BIT review pursuant to Foresti. In conducting this analysis, the author highlighted some notable omissions in the Protection of Investment Act. Through this review and comparison, it was concluded that the Protection of Investment Act fails as a viable alternative to the bilateral investment treaty regime for a number of reasons, and in particular for crystallising the flawed BIT regime through a legislative savings provision. A better alternative for South Africa would have been renegotiating historical BITs based on a Model BIT incorporating the necessary amendments to rectify the perceived BIT limitations as highlighted in South Africa's BIT review.
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Mugangu, Marie Providence Ntagulwa. "Harmonising investment laws in the OHADA space." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15194.

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The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs.
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Cser, Melinda. "Comparison of South Africa's automotive investment scheme to similar trade, export and investment financial assistance regimes (incentives) of Nigeria and Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19737.

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Comparison of South Africa 's Automotive Investment Scheme to similar trade, export and investment financial assistance (incentives) regimes of Nigeria and Kenya The AIS is a South African government investment incentive offered within South Africa's Automotive Production and Development Program. The intention of the AIS is to grow and develop the automotive sector through investment in the production of new and/or replacement models and components. The overall aim of the research is to analyse whether the manner in which the AIS incentives seek to achieve the above objectives , and the objectives themselves are aligned and furthermore to indicate the potential weakness of the AIS . The analysis of the weaknesses focuses in particular on potential inconsistencies amongst the provisions of the AIS or amongst the provisions of the AIS and the provisions of its sub - components. Furthermore, the research will review whether the economic benefit criteria of the AIS to be fulfilled by applicants are sufficiently detailed or the lack of details creates uncertainty with the interpretation and implementation. Lastly, the paper will review the transparency elements of the AIS. To obtain an answer to this question, the AIS will be analysed and will be compared against the policies and/or legislation of Nigeria and Kenya, where applicable, to determine whether the policies of these two countries could inform the AIS in achieving its objectives. The analysis will be executed in six chapters. The first chapter is an introduction. Chapter two will cover the policy reasons for the introduction of automotive (and manufacturing related) policies in South Africa, Nigeria and Kenya. Chapter three will provide an overview of the policies and, where applicable, the relevant legislation in the three countries that deal with the automotive industries. As the policies of the three countries are very differently construed , the intention of this paper is not to undertake a full and comprehensive overview of all the relevant South African legislation dealing with tax, customs duties or investment protection to investors in the automotive sector because such legislation is currently one of the key pillars of the Nigerian and Kenyan policies . Therefore, the focus will be on comparing the structure, objectives and operation of the policies of Nigeria and Kenya where it is comparable with the AIS or the APDP. The fourth chapter will deal with the investment specific incentives and benefits provided in the three countries , in particular in relation to cash grants and t heir availability (or not) for investors in Nigeria and Kenya. In relation to Nigeria and Kenya the legislation and policies having similar objectives or structure will be discussed. For South Africa the achievements of the AIS will also be analysed briefly to understand how it has performed against its objectives up until 2015. Chapter five will discuss the institutions and government agencies which are authorized and responsible for handling funding applications, for negotiating funding/investment agreements , and approving and monitoring investment projects related to the automotive industry. The final chapter shall conclude on the findings, and highlight the potential weaknesses of the AIS by providing proposals for improvement based on the lessons learnt from Kenya and/or Nigeria, where or if possible.
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Pinchis-Paulsen, Mona. "Fair and equitable treatment in international trade and investment law, 1919-1956." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/fair-and-equitable-treatment-in-international-trade-and-investment-law-1919--1956(1fd522e3-9a9c-4682-b12e-d164ba1e08f1).html.

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This thesis traces the development of the ‘fair and equitable treatment’ concept in international trade law, first, following its appearance after World War I as a principle for inter-State trade relations, and then, after World War II, its fertilization into international investment law and policy. The thesis is based on extensive research into archived primary materials from 1918 to 1961. It focuses on three ‘moments’ in time: i) the League of Nations’ reliance on equitable treatment to address indirect forms of trade protectionism in the 1930s; ii) the use of the equitable treatment concept in the negotiation of the international investment provisions for the Charter for the post-war International Trade Organization; and iii) the United States Government’s use of the fair and equitable treatment concept to protect US investments in its post-war Friendship, Commerce, and Navigation (FCN) treaties. The thesis argues that certain roles of equitable treatment in the trade context were carried over into subsequent bilateral and multilateral trade treaty practice. These roles in turn influenced the creation of the post-war international investment commitments. The thesis advances five overall findings to clarify what those roles were, and explains how these roles contributed to the formation of the ‘hard’ fair and equitable treatment investment treaty commitment, as contained in the majority of contemporary international investment agreements. In addition, each chapter presents several findings applicable to the ‘moment’ researched, offering explanation as to how each ‘moment’ contributed to the development of fair and equitable treatment or equitable treatment at the time.
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Nangolo, Eino Kandali. "An analysis on creating balance between economic transformation and investment in Namibia's mining industry." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28082.

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The study is based on inclusive economic transformation and foreign direct investment (FDI) in Namibia's mining industry. The author seeks to find out how the two competing interests can be balanced, so that readers understand the relevance of both to economic growth and poverty alleviation among the society. In doing so, the study uses the distributive justice theory to justify inclusive economic transformation whereas on the other hand, uses the rational choice theory and investment laws to demonstrate the impact of FDI on the Namibian mining industry. Advise and ratings from the World Bank and international rating agencies have been considered in this regard. In addition, the study includes a brief comparative analysis on how economic transformation affects the economy South Africa and Zimbabwe. The comparison is necessary in order to determine whether Namibia will yield different outcomes or it will fall into the same category like its neighbouring countries. Thereafter, the study concludes with a discussion on the recommendations for future.
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Baetens, Freya. "Nationality-based discrimination in public international law with specific focus on human rights, trade and investment law." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/283864.

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Lee, Meng-bin. "Promotion and protection of foreign trade and investment in China : a study with particular reference to Chinese law and policy and their conformity with international law." Thesis, University of Nottingham, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.315789.

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Salem, Haghighi Sanam. "A proposal for an agreement on investment in the framework of the World Trade Organization." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29939.

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International investment has become one of the most important issues on the Post-Uruguay Round Agenda of trade negotiations. The rapid growth of and the critical role in today's global economy played by international investment, as well as its essential link to trade flow necessitates a comprehensive study of the possibility of inserting broad investment provisions in the framework of an organization with trade liberalization objectives, the World Trade Organization. The inclusion of such rules requires: (1) an extensive examination of the existing investment-related provisions of the World Trade Organization Agreements, and the evaluation of their utility, followed by the examination of the recent practices of this Organization with respect to investment; (2) tracing the development of international negotiations on investment measures, from the Uruguay Round to the recent movement to launch a Multilateral Agreement on Investment.
This thesis attempts to assess the ground upon which a proposal for a new agreement on investment in the framework of the World trade Organization could be achieved.
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Books on the topic "International trade and investment law"

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Mitsuo, Matsushita. Japanese international trade and investment law. [Tokyo]: University of Tokyo Press, 1989.

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Paterson, Robert K. International trade and investment law in Canada. 2nd ed. Scarborough, Ont: Carswell, 1994.

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Paterson, Robert K. International trade and investment law in Canada. Scarborough, Ont: Carswell, 1995.

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Barton, John H. International trade and investment: Regulating international business. Boston: Little, Brown, 1986.

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Wilde, K. C. D. M. and Islam M. Rafiqul, eds. International transactions: Trade and investment, law and finance. Sydney: Law Book Co., 1993.

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H, Barton John, and Fisher Bart S, eds. International trade and investment: Selected documents. Boston: Little, Brown, 1986.

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The WTO and international investment law: Converging systems. Cambridge, United Kingdom: Cambridge University Press, 2015.

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Folsom, Ralph Haughwout. International trade and investment in a nutshell. St. Paul, Minn: West Pub. Co., 1996.

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W, Gordon Michael, and Spanogle John A. 1934-, eds. International trade and investment in a nutshell. 2nd ed. St. Paul, Minn: West Group, 2000.

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Choukroune, Leïla, ed. Judging the State in International Trade and Investment Law. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-2360-6.

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Book chapters on the topic "International trade and investment law"

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Kent, Avidan. "International trade law." In International Law and Renewable Energy Investment in the Global South, 129–55. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429277207-6.

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Vanhonnaeker, Lukas. "International investment agreements: recalibration in progress." In Global Values and International Trade Law, 229–54. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003080398-16.

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Esenkulova, Begaiym. "International investment agreements and sustainable environmental development." In Global Values and International Trade Law, 80–104. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003080398-7.

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Bungenberg, Marc. "Towards a More Balanced International Investment Law 2.0?" In Trade Policy between Law, Diplomacy and Scholarship, 15–37. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15690-3_4.

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Choukroune, Leïla. "Human Rights in International Investment Disputes." In Judging the State in International Trade and Investment Law, 179–215. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-2360-6_9.

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Márton, Péter, and Szilárd Gáspár-Szilágyi. "Foreign investment policy in the post-Lisbon Common Commercial Policy." In Global Values and International Trade Law, 204–28. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003080398-15.

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Schill, Stephan W., and Heather L. Bray. "The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals." In Mega-Regional Trade Agreements, 123–54. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-56663-4_6.

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Dias Simões, Fernando. "External Consultants as Actors in European Trade and Investment Policymaking." In Netherlands Yearbook of International Law, 109–38. The Hague: T.M.C. Asser Press, 2018. http://dx.doi.org/10.1007/978-94-6265-243-9_4.

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Gött, Henner, and Till Patrik Holterhus. "Mainstreaming Investment-Labour Linkage Through ‘Mega-Regional’ Trade Agreements." In Labour Standards in International Economic Law, 233–71. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-69447-4_12.

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Pedreschi, Luigi F. "Reframing the Debate: Public Services and International Economic Law." In Public Services in EU Trade and Investment Agreements, 11–64. The Hague: T.M.C. Asser Press, 2020. http://dx.doi.org/10.1007/978-94-6265-383-2_2.

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Conference papers on the topic "International trade and investment law"

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Belova, Gabriela, Gergana Georgieva, and Anna Hristova. "THE FOREIGN INVESTORS AND NATIONALITY CONCEPT UNDER INTERNATIONAL LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.193.

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Although in the last years the international community has adopted a broad approach, the definition of foreign investors and foreign investments is still very important for the development of international investment law. The nationality of the foreign investor, whether a natural person or legal entity, sometimes is decisive, especially in front of the international jurisdictions. The paper tries to follow the examples from bilateral investment agreements as well as from multilateral instrument such as the International Centre for Settlement of Investment Disputes (ICSID) Convention. An important case concerning Bulgaria in past decades is also briefly discussed. The authors pay attention to some new moments re-developing the area of investment dispute settlement within the context of EU Mixed Agreements, especially after the EU-Canada Comprehensive Economic and Trade Agreement.
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Latif, Birkah. "Environmental Damage Caused By Corruption Cases Involving Trade And Investment: Rock To Bottom View." In ICLES 2018 - International Conference on Law, Environment and Society. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.10.22.

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Topaloğlu, Mustafa. "Establishment of a Company and Share Acquisitions in Turkey by Foreigner Investors." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02230.

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Relating to the establishment and acquisition of a company in Turkey by foreign investors, Foreign Direct Investments Law No.4875, FDI has entered into force on 17.06.2003. FDI formed a notification-based system rather than an approval-based system for foreigners to establish a new company and to take over company shares. Accordingly, company information regarding foreign investors will be notified to the General Directorate of Incentive Implementation and Foreign Capital via “Electronic Incentive Implementation and Foreign Capital Information System”. Foreign investment means establishment of a new company by a foreign investor or share acquisitions of an existing company, any percentage of shares acquired outside the stock exchange or 10 percentage or more of the shares/voting power of a company acquired through the stock exchange, by means of the following economic assets: assets acquired from abroad by the foreign investor which are capital in cash in the form of convertible currency bought and sold by the Central Bank of the Republic of Turkey, stocks and bonds of foreign companies excluding government bonds, machinery and equipment, industrial and intellectual property rights; or assets acquired from Turkey by foreign investor which are reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value, rights for the exploration and extraction of natural resources. According to Article 4 of the Regulation for Implementation of Foreign Direct Investment Law, the Ministry of Economy shall provide information on the companies within the scope of foreign direct investments from Trade Registry Offices and related public institutions and organizations.
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Marin, Nikolay, and Mariya Paskaleva. "AN ANALYSIS OF THE EU’S INVESTMENT POLICY AFTER CETA: EFFECTS ON THE BULGARIAN ECONOMY." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.55.

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In this paper we analyze the changes of the EU’s investment policy provoked by the mixed trade agreements. The EU’s investment policy has turned towards attaining bilateral trade agreements. One of these “new-generation” agreements is the Comprehensive Economic and Trade Agreement (CETA). It is in a process of being ratified by the national parliaments of the EU members. This study is focused on the general characteristics of CETA and the eventual problems posed by its regulatory and wide-ranging nature. We prove that the significance of this agreement pertains not only to the economic influence, that it will have on the European and Canadian economies, but CETA is also the first trade agreement to have been negotiated with a focus on investment protection and a change in the EU’s investment policy. The current study reveals the influence arising from the conclusion of CETA on the Bulgarian economy with an emphasis on electronic industry, machinery industry and manufacturing. We estimate both – the direct and indirect effects on Bulgaria’s exports, imports, value added and employment. In order to estimate the influence, we apply the multi-regional input-output model. It is proved that CETA will have a low but positive impact on the Bulgarian economy. After constructing different scenarios of development, we prove that the influence of CETA on the Bulgarian economy will amount to 0.010% GDP. The average total employment will be increased by more than 172 jobs in Bulgaria, which in turn, relative to the labor market, represents less than 0.01% of the total employment.
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HUI, XIE. "TНЕ LEGAL RISKS OF HEILONGJANG PROVINCE'S COOPERATION WITH RUSSIAN FAR EAST AND THE COUNTERMEASURES UNDER THE BACKGROUND OF FREE TRADE ZONE." In CONTEMPORARY ECONOMIC PROBLEMS OF RUSSIA AND CHINA. Amur State University, 2021. http://dx.doi.org/10.22250/medprh.1.

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In the current complicated and changeable international environment and regional integration trend, Heilongjiang Province, an important window of China's opening up to the north and a major province cooperating with Russia, grasps the new opportunities brought by the establishment of China (Heilongjiang) Pilot Free Trade Zone and the approval of the Development Plan of Sino-Russian Cooperation in Russian Far East (2018-2024). To predict and prevent the possible legal risks of Heilongjiang province in cooperation with Russian Far East, it's proposed to take some specific countermeasures, such as promoting the communication between governments, consolidating the foundation of cooperation, standardizing the investment of enterprises, promoting the internationalization of RMB, accelerating the development of trade transformation, and safeguarding rights and interests by laws.
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Akmoldoev, Kiyalbek, and Aidai Budaichieva. "The Impact of Remittances on Kyrgyzstan Economy." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00534.

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Data of the worker’s remittance flow in the period of 2000-2010 were employed to analyze the impact of remittances on macroeconomic indicators of the Kyrgyz Republic. Focus was given to the assessment of remittance effect on economic effectiveness. To study the underlying issue, linear correlation method and economic performance effectiveness index were used. Results showed that great portion of remittances has been directed into consumption rather than to investment. Moreover, remittance spending is channeled into consumption of imported goods, thus raising the trade deficit of a country. Their impact on economic effectiveness of Kyrgyzstan presents that given the low propensity to invest, they finance consumption and cause high consumption ratio with respect to investment ratio, thus leading to reduction of economic effectiveness.
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Kuzu, Serdar. "The Position of Central Asian Republics in the World Energy Market." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00480.

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Central Asian Republics contain a grand potential in itself through their rich natural resources and strategic locations on the Silk Road between east and west. However, international production and trade share of Turkic Republics is very low. Natural resources are among the most important elements for economic structure. Natural resources that hold by Turkic Republics have had an increasing importance in the world energy market since the disintegration of the Soviet Union. Many international firms have focused on this district in order to have a say in the production and distribution of energy resources. Within this period, the starting up of the Baku-Tbilisi-Ceyhan Pipe Line and studies on the Nabucco Project have contributed to the economies and stability of Turkic Republics. Important gas and petroleum exporting countries such as Kazakhistan, Azerbaijan have gotten high rates of growth depend especially on the natural resources export. However, gains provided by natural resources can create negative effects on income distribution of countries despite their positive effects on economic growth. Economic structure depend natural resources should be diversified for Turkic Republics in order to invest earnings come from natural resources efficiently. This is also very important for the intraregional trade and investment. Thus, logistic structure that could transport natural resources to other markets becomes very important. This study focuses on the positions of energy resources of Kazakhistan, Azerbaijan, Kirghizstan, Turkmenistan and Uzbekistan as Turkic Republics in the world energy market and their effects on the economies of these countries.
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Yılmaz, Durmuş. "Global Economy and Turkey: 2016 and Beyond." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01815.

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Irrespective of whether advanced economies (AEs) or emerging market economies (EMEs), the number one problem of the global economy is not being able to generate a satisfactory growth. Income levels is in some countries are barely above the per-crisis level. Despite ample liquidity due to quantitative monetary policies, consumption and investment demands are weak. Because high level of indebtedness deter economic agents from using credit. Credit markets still do not function well either. Quantitative easing policies have been successful in containing further deterioration. Despite ample liquidity inflation has not risen, but it did delivered the expected growth. Because banking system in AEs is weak and monetary transmission mechanisms are not functioning well. As for EMEs, commodity prices and World trade appears to be weak; economic growth are slowing down, capex is visibly falling in heavy industrial sectors due to already existing excess capacity. The academia as well as the business community are worried about the appropriateness of the present policies in case another recession comes, central banks will have little ammunition to deal with it. The option being talked of now is what is dubbed as “helicopter Money”. Turkey being an open economy, has been and will be effected by the developments in the global economy through trade, capital flows and expectation channels. By international standards, Turkey have a reasonable growth rate of 3 to 4 %, implying a new growth era where high growth cycle ended due to changing global financial conditions and its structural problems. Future growth performance will depend on the level of investments and savings to finance it. As her own saving is low, foreign capital flows is crucial. High inflation and interest rate are the two negatives, but it has a strong fiscal position, debt / GDP is 32.3%, the budget is almost balanced, producing primary surplus which proved it is resilience in the face of recent failed coup and the negative attitudes displayed by the rating agencies.
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Ildırar, Mustafa, and Erhan İşcan. "Corruption, Poverty and Economic Performance: Eastern Europe and Central Asia (ECA) Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01261.

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Corruption, defined as “the misuse of public power for private benefit.” The World Bank describes corruption as one of the greatest obstacles to economic and social development. It undermines development by distorting the rule of law and weakening the institutional foundation on which economic performance depends. In past decades, many theoretical and empirical studies have presented corruption hinders investment, reduces economic growth, restricts trade, distorts government expenditures and strengthens the underground economy. In addition, they have shown a strong connection between corruption and poverty and income inequality. On the other hand, the literature on corruption points to the conclusion that corruption by itself does not lead to poverty. Rather, corruption has direct consequences on economic and governance factors, intermediaries that in turn produce poverty. Although corruption is seen in many countries in the world, it is higher and widespread in developing countries. This study investigates relation between corruption, poverty, and economic performance by using a panel consisting of countries in the Eastern Europe and Central Asia countries. It was shown that corruption affected directly economic performance and low economic performance leads to poverty. Additionally, results imply that rules against corruption could affect economic growth indirectly through their impact on the level of corruption.
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Poli, Michael, Jinkyoo Park, and Ilija Ilievski. "WATTNet: Learning to Trade FX via Hierarchical Spatio-Temporal Representation of Highly Multivariate Time Series." In Twenty-Ninth International Joint Conference on Artificial Intelligence and Seventeenth Pacific Rim International Conference on Artificial Intelligence {IJCAI-PRICAI-20}. California: International Joint Conferences on Artificial Intelligence Organization, 2020. http://dx.doi.org/10.24963/ijcai.2020/630.

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Finance is a particularly challenging application area for deep learning models due to low noise-to-signal ratio, non-stationarity, and partial observability. Non-deliverable-forwards (NDF), a derivatives contract used in foreign exchange (FX) trading, presents additional difficulty in the form of long-term planning required for an effective selection of start and end date of the contract. In this work, we focus on tackling the problem of NDF position length selection by leveraging high-dimensional sequential data consisting of spot rates, technical indicators and expert tenor patterns. To this end, we curate, analyze and release a dataset from the Depository Trust & Clearing Corporation (DTCC) NDF data that includes a comprehensive list of NDF volumes and daily spot rates for 64 FX pairs. We introduce WaveATTentionNet (WATTNet), a novel temporal convolution (TCN) model for spatio-temporal modeling of highly multivariate time series, and validate it across NDF markets with varying degrees of dissimilarity between the training and test periods in terms of volatility and general market regimes. The proposed method achieves a significant positive return on investment (ROI) in all NDF markets under analysis, outperforming recurrent and classical baselines by a wide margin. Finally, we propose two orthogonal interpretability approaches to verify noise robustness and detect the driving factors of the learned tenor selection strategy.
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Reports on the topic "International trade and investment law"

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Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/k4d.2021.130.

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Reyes Díaz, Carlos Humberto. Working Paper PUEAA No. 8. CPTPP. Legal Trends. Universidad Nacional Autónoma de México, Programa Universitario de Estudios sobre Asia y África, 2022. http://dx.doi.org/10.22201/pueaa.006r.2022.

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Free trade areas (and customs unions) were established in a multilateral level since in Article XXIV of the GATT, and that is the legal minimum from which preferential trade agreements are now built. Some say CPTPP is part of a new generation of Free Trade Agreements because it goes deeper in the integration process. The CPTPP Agreement is a 584-page treaty, a very extensive legal instrument with 30 chapters, so when we talk about legal trends it refers to all 30 chapters at first. But it’s not the idea to explain every chapter in this text, not even just the dispute mechanisms, but the legal highlights that make the CPTPP an example of the new structure in international trade law. The CPTPP’s new chapters constitute the actual trade agenda and establish a minimum level of protection on topics not specially linked to trade, but which are now essential to talk about a new configuration of trade agreements, such as investments, intellectual property, e-commerce, among others
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Ossa, Ralph, Robert Staiger, and Alan Sykes. Disputes in International Investment and Trade. Cambridge, MA: National Bureau of Economic Research, April 2020. http://dx.doi.org/10.3386/w27012.

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Keller, Wolfgang. International Trade, Foreign Direct Investment, and Technology Spillovers. Cambridge, MA: National Bureau of Economic Research, October 2009. http://dx.doi.org/10.3386/w15442.

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Fontagné, Lionel. Foreign Direct Investment and International Trade: Complements or Substitutes. Organisation for Economic Co-Operation and Development (OECD), October 1999. http://dx.doi.org/10.1787/771416201121.

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Fukao, Kyoji, and Koichi Hamada. International Trade and Investment under Different Rates of Time Preference. Cambridge, MA: National Bureau of Economic Research, October 1990. http://dx.doi.org/10.3386/w3457.

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Pakko, Michael R. Trade, Investment, and International Borrowing in Two-Country Business Cycle Models. Federal Reserve Bank of St. Louis, 1997. http://dx.doi.org/10.20955/wp.1997.023.

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Feenstra, Robert, Robert Lipsey, Lee Branstetter, C. Fritz Foley, James Harrigan, J. Bradford Jensen, Lori Kletzer, Catherine Mann, Peter Schott, and Greg Wright. Report on the State of Available Data for the Study of International Trade and Foreign Direct Investment. Cambridge, MA: National Bureau of Economic Research, August 2010. http://dx.doi.org/10.3386/w16254.

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Lee, Hyun-Hoon, Cyn-Young Park, and Ju Hyun Pyun. International Business Cycle Synchronization: A Synthetic Assessment. Asian Development Bank, August 2022. http://dx.doi.org/10.22617/wps220355-2.

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This paper presents findings from a study that synthetically assessed the three major transmission channels of international business cycles: trade, foreign direct investment (FDI), and portfolio flows between economies with multiple fixed effects. Results showed that real and financial integration generates heterogeneous impacts on business cycle comovement. Trade integration and greenfield FDI lead business cycle comovements, likely due to deepening intra-industry trade and dense global value chains. Higher debt market integration is associated with more synchronized business cycle comovement, while equity integration leads to business cycle divergence.
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Carty, Anthony, and Jing Gu. Theory and Practice in China’s Approaches to Multilateralism and Critical Reflections on the Western ‘Rules-Based International Order’. Institute of Development Studies (IDS), October 2021. http://dx.doi.org/10.19088/ids.2021.057.

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China is the subject of Western criticism for its supposed disregard of the rules-based international order. Such a charge implies that China is unilateralist. The aim in this study is to explain how China does in fact have a multilateral approach to international relations. China’s core idea of a community of shared future of humanity shows that it is aware of the need for a universal foundation for world order. The Research Report focuses on explaining the Chinese approach to multilateralism from its own internal perspective, with Chinese philosophy and history shaping its view of the nature of rules, rights, law, and of institutions which should shape relationships. A number of case studies show how the Chinese perspectives are implemented, such as with regards to development finance, infrastructure projects (especially the Belt and Road Initiative), shaping new international organisations (such as the Asian Infrastructure Investment Bank), climate change, cyber-regulation and Chinese participation in the United Nations in the field of human rights and peacekeeping. Looking at critical Western opinion of this activity, we find speculation around Chinese motives. This is why a major emphasis is placed on a hermeneutic approach to China which explains how it sees its intentions. The heart of the Research Report is an exploration of the underlying Chinese philosophy of rulemaking, undertaken in a comparative perspective to show how far it resembles or differs from the Western philosophy of rulemaking.
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