Dissertations / Theses on the topic 'International trade and investment law'
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1
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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Hügens, Jonathan. "A Comparative Analysis of Legal Frameworks for Investments in Africa by China and the European Union." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32752.
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This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and other official flows. The legal analysis focus on the demand on political conditions to access the financial assistance; under which conditions are the projects tendered; and which labor standards set the parties while the project is implemented. All reflected under the aspect of the fairest condition for African countries. The comparison figured out that the European Union with its demands for the implementation of human rights, democracy and the rule of law facing certain reluctance of most African governments for a full implementation while contrary to that the OneChina principle is broadly acknowledge by African governments to gain investments. When projects are tendered the research presents that the European Union searches for local and regional providers to strengthen African businesses. This with guidelines for core labor laws based on human rights when it comes to the implementation. While China tenders with a strong commercial self-interest and does not set any labor standards relaying on local laws and showing limited interest and understanding when it comes to implementation.
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Umar, Abubakar Isa. "Legal convergence and interpretation of the regimes of international trade and investment law : arguing a sustainable development pathway." Thesis, University of Portsmouth, 2017. https://researchportal.port.ac.uk/portal/en/theses/legal-convergence-and-interpretation-of-the-regimes-of-international-trade-and-investment-law(9c27853b-45c9-4c3b-ab98-7c759f528ca2).html.
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Elementarily, at least within the business environment, any discussions regarding an economic activity posit international trade and investment to be connected. Even to the discerning economist, businessman or policy maker, transfer of goods from one point to the other, provisions of services and direct investment ought to, rationally, be covered in one and the same agreement. However, this has not been possible under international law despite evident historical reasons approving such. International law manages trade and investment independently of each other. The separation of trade and investment has both historical and economic undertones that eventually led to the development of bifurcation in the legal regimes that regulate them. Though some commentators argued that the objectives of the two regimes are different, reality dictates otherwise, as both are seen to be ultimately deeply concerned with efficiency and the liberalization of economic activities; as such the investor and/or trader are not oblivious of the protections provided by the regimes of international trade and international investment law. So should the chicken come home to roost? The principle of non-discrimination, which offers the relative substantive standards of treatment, is at the heart of international economic law and is present in both regimes but has, at the same time, been interpreted and applied incoherently and inconsistently in both, significantly more in investment law than in trade law. As such, this thesis introduces the concept of sustainable development as a legal concept. The main idea is to see whether both investment treaty and trade tribunals can use it as an intellectual lens to interpret the non-discrimination standards in both regimes, aiming for their future convergence. The thesis traced the evolution of the concept, its scope and application. Flowing from the theme of the discussion, the main findings reached are that by employing the rules of the Vienna Convention on the Law of Treaties, the concept of sustainable development can serve as a suitable interpretive tool for international courts and tribunals.
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Perera, K. Ruwan P. A. "Comparative analysis of the WTO dispute settlement mechanism with other mechanisms of settling international trade and investment disputes : a protectionist view." Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:5491.
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Chochorelou, María. "Multinational corporations as a new subject of international investment law: Rights conferred to investors under the ISDS provisions of intergovernmental and bilateral treaties and ways to balance this new reality." Doctoral thesis, Universitat Internacional de Catalunya, 2018. http://hdl.handle.net/10803/664724.
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The international investment regime has faced several criticisms already since the
mid-2000s. Scholars and civil society have called both for refinement of the content of
the numerous bilateral investment treaties (BITs) and other international investment
agreements (IIAs), as well as for reconsideration of the purpose of the investment
regime.
Over the past few years, we face a phase of ‘re-orientation’ of international investmen
law. The 1990s rush of conclusion of BITs is slowing down and gives way to the
negotiations at the regional level. This era of transition from investment bilateralism
to regionalism presents us with a paradox, which has revived the question of the legal
status of multinational corporations. On the one hand, the mega-regional Free Trade
Agreements (FTAs) concluded and being negotiated advance the protection of
investors and facilitate their access to Investor-State dispute settlement (ISDS). On the
other hand, States attempt to react to investors’ growing power either by opting out
from ISDS or by reforming investment standards to better reflect their interests.
One of the primary objectives of States during this phase of re-orientation of
international investment law is safeguarding their right to regulate for public
purpose interests. In order to meet this goal, the past few years States slightly shift
towards sustainable development, a concept that has been criticized as threatened
by the old IIA regime. The adoption of a sustainable development-oriented
approach in investment law also depends largely on the tribunals that are tasked
with the interpretation of IIAs. Despite their current reluctance to engage in a
sustainable development discussion, this situation may alter with the conclusion of
the post-2015 FTAs. These treaties make more references to the principle, both in
separate chapters and in their investment chapters. They also place at the
arbitrators’ disposal interpretative tools for the integration of sustainable
development into their argumentation.
This thesis concludes that regionalism has not be suitable to resolve the ‘battle’ of
predominance between investors and States. It argues that other options that may be
more suitable to strike a delicate balance between the protection of foreign
investment and the public interests of States, and reflects on changes that may render
the investment regime more compatible with sustainable development. Special focus
is given to the drafting of a multilateral investment treaty, which, although could serve
as a ‘golden mean’ between States and investors, still raises concerns and seems as as
farfetched idea.
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Mwariri, Gladys Wanjiru. "The impact of international trade and investment policies on the labour rights of export processing zones' workers : the case of Kenya." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5760.
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Investigates to what extent international trade and investment policies affect the
labour rights of EPZ (Export Processing Zones) workers in Kenya. Audit the existing legal and policy framework for labour protection in Kenya and determines the extent to which the labour rights of EPZ workers in Kenya are protected. Also examines whether whether the EPZs are beneficial to Kenya and identify ways in which the labour rights of EPZ workers can be protected.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Hani Sayed of the American University in Cairo, Egypt.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Basheer, Shamnad. "The invention of an investment incentive for pharmaceutical innovation." Thesis, University of Oxford, 2011. https://ora.ox.ac.uk/objects/uuid:b53d2ab0-dcdd-4adc-8728-cdf32e948df6.
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Pharmaceutical drugs are often hailed as the poster child for the proposition that patents foster accelerated rates of innovation. This sentiment stems, in large part, from the significantly high research and development (R&D) costs endemic to the pharmaceutical sector. I argue that if the role of the patent regime is one of fostering higher amounts of investment in the R&D process, it is better served by a direct investment protection regime, where the protection does not depend upon whether or not the underlying idea behind the drug is 'new' and 'inventive', the two central tenets of patent law. Rather, any drug that successfully makes it past the regulatory filter ought to be entitled to protection, since its discovery and development entail significant investment and risk. Owing to the inadequacy of the current patent regime in appropriately protecting intensive pharmaceutical R&D investments from free-riders, I propose a comprehensive investment protection regime that protects all the investment costs incurred during the drug discovery and development process. Though similar to existing data protection regimes in some respects, it differs in others. Firstly, it enables a recovery of all R&D costs, and not only costs associated with clinical trials. Secondly, unlike patents and data exclusivity which offer uniform periods of protection, it rewards investments in a proportionate manner, wherein drug originators are entitled to protection against free-riders only until such time as they recoup their specific investments and earn a rate of return on investment that is dependent on the health value of the drug. Given that a pure market exclusivity based investment protection regime is likely to foster excessive pricing and subject the market to the dictates of a single firm, I advocate a compensatory liability model based on a novel cost sharing methodology, where follow-on entrants are free to manufacture the drug, but must pay a reasonable amount of compensation to the originator.
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Mwakalobo, Adam Beni Swebe. "Economic Reforms in East African Countries: The Impact on Government Revenue and Public Investment." Amherst, Mass. : University of Massachusetts Amherst, 2009. http://scholarworks.umass.edu/open_access_dissertations/66/.
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Kim, Younsik. "Challenges and opportunities for the national constitutional system in dealing with the global investment regime : a case study of the indirect expropriation doctrine and investor-state arbitration under the free trade agreement between the Republic of Korea and the United States of America." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7575.
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In 2011, Korea ratified the Korea-US Free Trade Agreement (KORUS-FTA). This treaty remains controversial in Korean society, particularly because many Koreans claim that the indirect expropriation doctrine under investor-state arbitration in the investment chapter will allow global investors to challenge governmental regulation justified by the Korean constitution. Despite such criticism, the KORUS-FTA indirect expropriation doctrine and the Korean constitutional property doctrine share more than might be expected in practice. However, this substantive doctrinal convergence between national and global legal systems does not eliminate all risks of conflict between the nation-state and global investors; conflicts can occur whenever two actors interpret the same text differently. Once an investment dispute happens, independent investor-state arbitration reviews governmental action according to independent interpretative rules. Systems theory suggests that nation-states can turn such global challenges into opportunities by taking contextual control over global investment in relying on the global investment legal system of the global investment regime. The nation-state can convince global investors that the nation-state respects transnational investment mechanisms, whilst indirectly imbuing norm-making with minimum national interest without incurring serious damage to its reputation. To be specific, the nation-state can attract more foreign investors by accepting the indirect expropriation doctrine and the investor-state arbitration respected by global investors. Simultaneously, the nation-state can secure minimum control over global investment under legitimate regulatory power reflected in the same indirect expropriation clause. In addition, the nation-state can guide the investment tribunal to secure a balance between investment protection and the regulatory power of the host state by prescribing the proportionality principle. Contextual control can be a sub-optimal choice for the nation-state in the sense that it avoids a worst-case scenario by securing proportionality and predictability. In order to make this measure more effective, the current global investment legal system needs to secure more commensurate autonomy or autopoiesis by furthering simultaneous and balanced structural coupling with a greater variety of social powers. In this context, global constitutionalism provides national constitutional tools for the nation-state; specifically, democratic participation in national treaty-making procedures and autopoietic structuralisation of the investment arbitration mechanism can make the substantive contents and application of global investment law fairer and more acceptable, not only to global investors and strong states, but also to social movements and smaller countries. In the context of the KORUS-FTA, the Korean government needs to make the treaty terms of indirect expropriation clearer through democratic participation. At the same time, the Korea should pay attention to making arbitration process reflexive to more various social interests, whilst protecting its operation from inappropriate influences. Such measures can prevent KORUSFTA tribunals from making extremely unacceptable decisions to actors of the global investment regime, including the Korean government, although they could not guarantee ideal decisions that stratify all actors perfectly.
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Wijesinghe, Sanath Sameera. "Towards global policy coherence for tobacco plain packaging: Examining the challenges for low-and middle-income countries." Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213227/1/Sanath%20Sameera%20Wijesinghe_Wijesinghe%20Arachchilage_Thesis.pdf.
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This thesis examines the implementation gap of tobacco plain packaging measures between low- and middle-income countries and high-income countries, looking at the likely challenges that low- and middle-income countries face in implementing plain packaging measures. The thesis identifies three key challenges: resource constraints, intense tobacco industry interference and the threat of litigation for purported breaches of intellectual property rights. This thesis makes strong recommendations for how the global community and international law and policy can support low- and middle-income countries that want to implement tobacco plain packaging measures.
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Costanza, Livia. "The security of international investments : a synthesis of impacts on public policies and domestic law of host states : a dissertation submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Laws /." ResearchArchive@Victoria e-Thesis, 2009. http://hdl.handle.net/10063/1145.
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Mbow, Demba. "Le secret dans l'arbitrage international : approche critique." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCB003.
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Le secret dans l’arbitrage international est un thème complexe dont l’appréhension semble délicate en raison du flou juridique qui l’entoure. D’abord, il a toujours divisé la doctrine arbitragiste sur sa définition, son étendue et son statut de principe général ou non de l’arbitrage international. Ensuite, les règles institutionnelles ne tranchent pas, non plus, la question du secret des informations liées à l’arbitrage de manière univoque. Enfin, bon nombre de législateurs sont restés silencieux sur l’existence même d’un principe général de secret dans l’arbitrage international. Pourtant, le recours à l’arbitrage traduit la volonté des parties d’obtenir un débat à huis clos, une protection efficace de leurs secrets d’affaires et la non-publication de la sentence arbitrale (regroupant l’ensemble des informations confidentielles). Néanmoins, le secret tant ancré dans l’esprit des acteurs du commerce international est aujourd’hui remis en question par la transparence, nécessaire à la protection de l’intérêt général. À la lumière de toutes ces considérations, nous démontrerons que le secret est un principe cardinal et gage d’efficacité de l’arbitrage commercial international et de l’arbitrage d'investissement. Pour autant mérite-t-il d'être qualifié de principe général du droit de l'arbitrage international ? La réponse est assurément positive même s'il doit connaître des tempéraments sur la portée desquels la doctrine et la jurisprudence sont partagéesSecrecy in international arbitration is a complex topic that seems to be difficult to understand because of the legal uncertainty surrounding it. First of all, it has always divided arbitral doctrine on its definition, its scope and its status as a general principle or not of international arbitration. Secondly, the institutional rules do not decide, either, the question of the secrecy of information related to arbitration in a univocal manner. Finally, many legislators have remained silent on the very existence of a general principle of secrecy in international arbitration. However, recourse to arbitration reflects the will of the parties to have a debate behind closed doors, an effective protection of their business secrets and the non-publication of the arbitral award (containing all confidential information). Nevertheless, the secrecy that is so deeply rooted in the minds of those involved in international trade is today called into question by the transparency that is necessary to protect the general interest. In the light of all these considerations, we will demonstrate that secrecy is a cardinal principle and a guarantee of the effectiveness of international commercial and investment arbitration. However, does it deserve to be described as a general principle of international arbitration law? The answer is certainly positive, even if it must have temperaments on the scope of which doctrine and jurisprudence are divided
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Santino, Jorge Faustino. "Integração económica de Angola na Africa Austral: oportunidades e desafios para as relações económicas com os parceiros da "SADC"." Master's thesis, Universidade de Évora, 2015. http://hdl.handle.net/10174/16224.
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O presente trabalho analisa o processo de Integração Económica de Angola na África Austral, mais concretamente no agrupamento regional SADC. Procuraremos destacar as relações atualmente existentes entre Angola e o conjunto de países membros daquele agrupamento, bem como a dinâmica das futuras relações num contexto de reforço do processo de integração económica regional e as possibilidades de desenvolvimento económico na região.
Considerando como marco inicial a década de 1990 pode-se afirmar que a integração na África Austral foi pensada naquele momento como um instrumento auxiliar à política de substituição de importações adotadas pelos países da região. Com o esgotamento dos efeitos desta política e com a estabilização política e militar em alguns dos países mais relevantes na região, casos da África do Sul e de Angola, o processo de integração económica na região da África Austral evoluiu para outros objetivos.
O Estudo que desenvolvemos sobre o impacto de integração económica de Angola na SADC incidiu sobre alguns aspetos mais relevantes e estratégicos da economia angolana no contexto regional, em especial no plano da intensificação dos fluxos comerciais e de investimento e, ainda, da transferência de tecnologia. Naturalmente tivemos especial atenção à importância que o setor petrolífero angolano, enquanto principal fonte de receita desta economia desempenhou nas relações económicas com os restantes países do agrupamento da SADC, dado que este setor pode desempenhar um papel fulcral no processo de industrialização destes países, podendo contribuir para tornar a região numa potência emergente à escala regional; ANGOLA ECONOMIC INTEGRATION IN SOUTHERN AFRICA: OPPORTUNITIES AND CHALLENGES FOR ECONOMIC RELATIONS
WITH PARTNERS "SADC”
ABSTRACT:
The present work analyzes the process of economic integration of Angola in southern Africa, specifically in the SADC regional grouping. Seek to emphasize the relations existing between Angola and sets of members of that group, and the dynamics of future relations in the context of strengthening regional economic integration and the opportunities for economic development in the region coutries.
Considering as starting point the 1990 can be stated that the integration in Southern Africa was "thought" at that time as an auxiliary to the import substitution adopted by member countries of the region policy instrument. With the depletion of the effects of this policy and the political and military stabilization in some of the most important countries in the region (the case of South Africa and Angola) the process of economic integration in the Southern African region evolved for other purposes.
The study that we propose to develop on the impact of economic integration of Angola in SADC will be developed on some most important and strategic aspects of the Angolan economy in the regional context, in particular in terms of intensification of trade and investment, and the transfer of technology. Of course we will have special attention to the importance that the Angolan oil setor, the main source of revenue in this economy plays in economic relations with other countries in the SADC grouping, as this sector can play a pivotal role in the industrialization process of these countries, contributing to make the region an emerging power on a regional scale.
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Mukora, Noreen C. "South Africa's Bank licencing prequirements in light of its banking sector liberalisation commitments under the general agreement on trade in services : a legal perspective." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/43669.
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Arnesson, Daniel. "Subsidizing Global Solar Power : A contemporary legal study of existing and potential international incentives for solar PV investments in developing countries." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-28555.
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With national cuts on solar PV subsidies and the current “oversupply” of panels, the global solar market is clearly threatened by a contraction. Yet, the need for more solar power is apparent, particularly for the world’s poor and vulnerable population. Instead of securing modern energy access for these people, trade interests have triggered a counterproductive solar trade war. This contemporary legal study addresses these issues by examining existent and potential instruments for stimulating a North-to-South solar capital flow. The research finds that recent reforms of the CDM will do little difference from previous deficiencies, as local investment barriers are not reflected in the monetary support of the clean development mechanism. Competing technologies are successfully keeping solar out of the game while baseline requirements are undermining the poor. Inspired by national renewable energy law and policy, international alternatives could address these shortcomings. While feed-in tariffs have been commonly advocated, the REC model seems far more appropriate in an international context. Its ability to be traded separately from the electricity makes it a perfect candidate as a substitute for the CDM. Entrusted with certain features it could address the geographical unbalance and provide with greater investor certainty. But the scheme(s) are under current WTO regulations required to be non-discriminatory, making it highly questionable to believe that developed countries would ever fund such incentive. It is not likely that solar capital exporters want Chinese solar PV manufacturers, who are already receiving significant production subsidies, to receive the same benefits as other producers. However, if countries adversely effected by subsidies where allowed to offset the injury by discriminating Chinese producers in international REC schemes, the Author believes that it would be easier to sell such a concept and implement it, for the benefits of climate change mitigation and adaptation as well as the world’s vulnerable and poor nations. However, this would require extensive reforms under WTO which the Author calls for.
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Daza, Aramayo Lourdes Gabriela. "Analysis of Trade Relations between the European Union and Latin America from 1995-2011." Doctoral thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-196936.
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The Doctoral Thesis "Analysis of Trade Relations between the European Union and Latin America from 1995-2011" focuses on the determination Latin America's potential as a trading partner for the European Union. It will be based on an analysis of the region's trade relationships between 1995 and 2011 through different econometric models and a macroeconomic analysis. It will make recommendations for improving economic relation policies with Latin America and the European Union as well as identify the sectors which could represent great potential for trade between both regions. The research is divided into seven chapters: The first chapter covers international trade theory; this part comprises the theoretical aspects directly related to international trade. The second chapter analyzes the macroeconomic features of Latin American countries and compares them with data from the European Union. A separate, detailed analysis of 17 Latin American countries was performed and the potential of each one to make their importance known to the world and define their geopolitical position is described. The third chapter details the trade policies of the European Union and Latin America. The fourth chapter discusses trade relations between Latin America and the European Union through a look at the trade agreements that have been signed between the European Union and Latin American countries and tries to identify possible causes of failures for agreements not signed. This chapter also studies the sectorial composition of trade between the two regions, emphasizing the asymmetry between these trades flows as they enter the countries studied. The fifth chapter, the heart of this research paper, analyzes the trade relations between the EU and Latin America through a gravity model, identifying the obstacles and barriers to international trade between the two regions. The second part of this chapter discusses institutional factors, which, as a result of the conclusions from the gravity model explained earlier in the chapter, play an important role in international trade between Latin America and the European Union. This section contains a comparative analysis of the situation of the institutional factors in the 29 Latin American countries which were analyzed in the gravity model. This chapter also includes a trade simulation between the Czech Republic and Latin America with the institutional factors in Latin America showing a 10% improvement. In the sixth chapter, the competitiveness of 17 Latin American countries is calculated using the results of the barriers to international trade through a new method based on the comparison of indicators, ranked by dimension and according to the weight thereof for a period of time. The last chapter focuses on the identification of the variables determining foreign direct investment in Latin America, represented by 29 countries and over a period of time from 1995 to 2011. It considers variables traditionally not considered such as the number of patents registered, the tax rate and institutional factors, which have revealed important explanatory variables as well as those traditionally considered such as GDP, inflation, population, the share of GDP by sector, income level, etc. The last part of this research lists the conclusions reached and proposes recommendations for economic relations policy development between Latin America and the European Union.
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Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.
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Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
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Olarte, Bacares Diana Carolina. "L'articulation du droit international des investissements et des droits de l'homme : le cas de l'Amérique latine." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010320.
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Cette thèse porte sur deux espaces juridiques différents : celui des droits de l’homme et celui des investissements étrangers. Le centre de gravité de notre recherche étant défini géographiquement en Amérique latine, le but est d’analyser l’articulation de ces deux espaces juridiques en identifiant et étudiant la circulation normative dans sa dimension horizontale, c'est-à-dire reposant sur le cadre normatif international. L’interaction entre le droit international des investissements et les droits de l’homme est une problématique récente, qui a commencé à attirer l’attention de la communauté internationale et a mis en évidence les avantages et les limites de leur articulation. En effet, les États sont tenus de protéger, respecter et garantir tous les droits de l’homme indépendamment des classifications dont ils font l’objet. Concomitamment, les Etats doivent aussi suivre les obligations relatives aux investissements étrangers déduites des accords en la matière. Le respect de ces deux types d’obligations peut opérer sans poser de problèmes de coordination, ou, au contraire, dans certaines hypothèses, une concurrence de ces deux types d’engagements peut apparaître. De ce fait, l’identification de leurs points de rencontre ainsi que de leurs points d’achoppement devra être menée pour atteindre l’objectif principal de notre analyse défini par l’articulation de ces deux domaines du droit international. La pratique témoigne des implications que les activités d’investissements ont de temps en temps vis-à-vis des droits de la personne, ce qui invite à analyser l’interaction entre ces deux régimes juridiques. C’est ainsi que quelques nouveaux modèles de traités d’investissements commencent à mentionner expressément la protection des droits de l’homme. De la même manière, l’arbitrage international est de plus en plus occupé par des questions concernant les points de rencontre et d’achoppement entre les deux régimes. Ainsi, la jurisprudence arbitrale traite la question, mais souvent de façon timide et hétérogène, et la plupart du temps par le biais d’interprétations privilégiant la protection des droits de l’investisseur sur toute autre question relevant des droits des différentes personnes affectées par l’investissement. La lecture de cette même situation dans l’enceinte contentieuse des droits de l’homme du système interaméricain est souvent divergente, car ceux-ci sont appliqués et interprétés en concordance avec des principes spécifiques et privilégiant l’essence humaniste qui distingue la matière. Ces divergences d’interprétation risquent de s’approfondir du fait de la spécificité des structures régionales participant à la création et au développement du droit international des investissements et des droits de l’homme. En Amérique latine, région reconnue pour ses contrastes, des approches régionales particulières se sont développées autour de la question du traitement et de la protection des étrangers par le biais des doctrines Calvo et Drago, ainsi que de l’interprétation régionale de plusieurs droits dans le cadre du système interaméricain de protection des droits de l’homme. Ces approches particulières ont bâti des traditions juridiques latino-américaines, dans les matières respectives, qui ont évolué dans le temps et se confrontent avec le cadre juridique international de l’investissement étranger. Cette situation de possible fragmentation juridique se nourrit de la création des nouveaux centres de décision et d’institutions régionaux comme l’UNASUR, l’ALBA et plus récemment la CELAC. De ce fait, elle nous invite à approfondir la question de l’articulation des régimes juridiques en l’étudiant sous le prisme de la tradition juridique latino-américaineThis thesis addresses two different legal areas: Human Rights and foreign investment protection. The focal point of our research is Latin America, and the objective is to analyze the articulation of the above-mentioned legal areas, while identifying and studying the circulation of legal norms in their horizontal dimension, in other words, in the framework of international law. The interaction of foreign investment law and human rights is recent, and is a subject that has begun to attract the attention of the international community and to display the advantages and limits in their articulation In fact, States have to protect, respect and guarantee Human Rights, regardless of the classification they are subject to. At the same time, States must also comply with their obligations to protect foreign investment in their territories derived from international treaties that they are part of. Compliance with these two types of obligations can take place without implying any coordination problems, but in other cases, it could also cause these obligations to clash. We will aim to identify common points in both regimes, as well as conflict areas in order to determine the articulation between these two areas of international law. In fact, practice reflects the implications that investment activities sometimes have on human rights, and invites to analyze the interactions between these two regimes. This is how some new model agreements promoting and protecting foreign investment have begun to expressly refer the protection of human rights. In the same way, international arbitration has been increasingly dealing with questions concerning the common areas, as well as the diverging points of these two regimes. In effect, arbitral jurisprudence deals with this interaction, but often times in a timid and heterogeneous way, and in the majority of the cases biased by interpretations that privilege the rights of investors over any other question relative to rights of other persons affected by the investment. In light of human rights jurisprudence, this situation often receives a different understanding, due to the fact that human rights are interpreted and applied in accordance with specific principles, and placing greater importance on the humanistic essence that distinguishes the area. These differences in the interpretation may deepen, taking into account the specificity of regional structures that participate in the creation and development of international investment law and international human rights law. Concerning Latin America, bearing in mind the contrasts that depict the region, it has featured particular approaches with regard to the treatment of foreign investors, greatly influenced by the Calvo and Drago doctrines, as well as by regional interpretations within the framework of the Inter-American system of human rights. These interpretations have built Latin American legal traditions in the matter that have evolved over time, and can be evaluated against the international investment juridical framework. This landscape of possible legal fragmentation is nourished by the creations of new decision-making centers and regional institutions such as the UNASUR, ALBA, and more recently the CELAC. This question calls us to deepen the study of the articulation of these two legal regimes, under the prism of the Latin American legal tradition
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Tang, Heiwai. "Essays on international trade and investment." Thesis, Massachusetts Institute of Technology, 2008. http://hdl.handle.net/1721.1/43783.
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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Economics, 2008.Includes bibliographical references.
This dissertation consists of three essays on international trade and investment. In the first essay, I study how cross-country differences in labor market institutions shape the pattern of international trade with a focus on workers' skill acquisition. I develop an open-economy model in which workers undertake non-contractible activities to acquire firm-specific skills on the job. I show that protective labor laws, by increasing workers' bargaining power, induce workers to acquire more firm-specific skills relative to general skills. When sectors differ in the dependence on firm-specific skills in production, workers' investment decisions turn a country's labor laws into a source of comparative advantage. Specifically, the model predicts that countries with more protective labor laws export relatively more in firm-specific skill-intensive sectors. To test these hypotheses, I construct sector measures of firm-specific skill intensity using estimated returns to firm tenure in the U.S. over 1985-1993. Using these measures and a cross-country, cross-sector data set of 84 countries in 1995, I find support for the theoretical predictions. In the second essay, I use a firm-level panel data set of 90,000 Chinese manufacturing firms over the period of 1998-2001 to examine whether there exist productivity spillovers from foreign direct investment (FDI) to domestic firms in the same sector (horizontal spillovers), and in sectors supplying intermediate inputs to foreign affiliates (vertical spillovers through backward linkages). I find evidence of negative horizontal spillovers. While I find no evidence of vertical spillovers at the national level, domestic input suppliers' productivity growth decreases with the foreign presence in their downstream sectors in the same province.
(cont.) Second, this essay examines whether the ownership structure of foreign affiliates affects the magnitude of spillovers. I find that wholly owned and ethnic-Chinese foreign firms are associated with more negative horizontal spillovers, compared to jointly owned and non-Chinese foreign firms, respectively. I also find that negative spillovers are mostly borne by domestic firms that are state-owned, technologically-backward and located in inland provinces. The third essay studies how government political ideology determines the pattern of trade protection across countries. I hypothesize that left-wing governments are associated with relatively higher protection in labor-intensive sectors, and relatively lower protection in capital- and human-capital intensive ones, than right-wing governments. Using a cross-country, cross-sector data set of 49 countries and 27 manufacturing sectors in the late 90s, I find evidence supporting these predictions.
Heiwai Tang.
Ph.D.
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Frappier, Mathilde. "L’exigence du traitement national en droit international économique." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020073.
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Le traitement national renvoie à l’octroi au profit d’un étranger d’un traitement égal à celui du national. Il s’agit d’une norme d’égalité de traitement. En tant que tel, il est formulé de manière abstraite et s’adapte aux situations de fait visées et aux valeurs poursuivies par son auteur. Cette étude porte spécifiquement sur l’énonciation conventionnelle, sous la forme du traitement non moins favorable, le champ d’application et la mise en œuvre du traitement national au sein du droit international économique. D’une part, elle s’intéresse à ce que le droit international économique apporte à la compréhension de l’égalité de traitement entre nationaux et étrangers, dès lors qu’il s’agit d’un droit dont l’inspiration économique libérale est bien établie et qui est juridictionnalisé. D’autre part, elle conduit à identifier ce que le traitement national dit du droit international économique, de sa culture normative et juridictionnelle. Cette étude fait apparaitre l’emprise considérable de la norme du traitement national sur le droit interne des parties contractantes. Elle montre que le traitement national prescrit une égalité de type matériel et non formel. Elle permet aussi de souligner le rôle déterminant des juridictions internationales économiques et de relativiser l’autonomie du droit international économique au sein du droit international publicNational treatment implies that a foreigner is treated equally to the national. As an equal treatment or non discrimination norm, the national treatment is expressed abstractly and is adaptable to both the factual situations it applies to and the values pursued by its author. This study intends specifically to discern national treatment in international economic law through its treaty enunciations, to define its scope and to fathom the way it is implemented by WTO and investment judges. On the one hand, this research focuses on what international economic law brings to the understanding of equal treatment between nationals and foreigners inasmuch it is a field of law inspired by liberal economic theories and in which disputes are adjudicated by international tribunals. On the other hand, this study aims at identifying what the national treatment says about international economic law, especially of its normative and adjudicative culture. This research shows the significant hold that national treatment has on the domestic law of the contracting parties. It also demonstrates that national treatment prescribes material and not simply formal equality. Finally, this study shows the predominant role played by international economic adjudications, and put in perspective the autonomy of international economic law within international law
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Smith, Matthew Paul. "Corporate networks of international investment and trade." Thesis, University of Greenwich, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.722706.
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Karlsson, Yberthia. "Data as Protected Investment Under International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443419.
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Over the last decades technological companies have grown significantly and impacted our societies both politically and economically.The significant amount of user data these companies collect and manage have economic as well as political impacts on our societies. The busines model of social media companies has raised alerts and provoked calls for regulatory measures. The thesis investigated whether social media platforms ‘data’ can constitute a protected investment under a Bilateral Investment Treaty, and what is the position of the international investment law if any about the digital economy. The author made an analysis of data localization regulation to determine if tech companies can claim protection under a BIT to avoid potential issues of a domestic regulation. After the analysis of international legal instruments, BITs and scholar literature the results of the study concluded that data could constitute a protected investment under the wording of certain BITs.
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Fathallah, Raed M. "International law in investment agreement arbitration." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439724.
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Garcia-Bolwar, O. "Emerging international law of foreign investment." Thesis, University of Edinburgh, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.651316.
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This thesis examines the emerging international law of foreign investment (FI). The thesis is divided into two parts and a conclusion. The first part is divided into two chapters. A general approach to the concept of FI is made in the first one. The second chapter explores the legal doctrines used to solve the problems involved in FI. Concepts such as sovereignty, State responsibility and property are described therein. At the end of the first part, it is concluded that there are four issues that are the most important for the international law of FI. They are: a) what kind of FI should be protected by the law of FI; b) what standard should be used for admission of investors; c) what kind of general and specific standards of treatment (treatment of the right of property) should be given to the investors after it has been admitted; d) whether there should be a mechanism of dispute settlement. If so, then what kind of disputes would be settled; what that be State-State disputes or also Investors-State disputes? The second part of the thesis describes the emerging rules of FI and looks at how these rules have approached the above mentioned four issues. Chapter III looks at the Bilateral Investment Treaties (BITs). Chapter IV deals with a selection of multilateral instruments of international law of FI: the World Bank guidelines, the OECD Guidelines and the United Nations draft code of conduct for Transitional Corporations. The chapter also deals with the recent OECD proposal for a binding multilateral agreement on FI. The chapter focuses on how these instruments have solved the issues raised in the first part of the thesis. Another part of this chapter deals with binding multilateral instruments such as the ICSID Convention and the MIGA Convention. The chapter also examines the World Trade Organisation (WTO) instruments related to FI, such as the General Agreement on Trade of Services (GATS) and the agreement of Trade Related Investment Measures (TRIM).
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Asteriti, Alessandra. "Greening investment law." Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2813/.
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This thesis investigates the relationship between investment law and the power of states to produce and implement environmental measures. Through a strictly legal approach, and by situating the issue within the framework of public international law, this project endeavours to find avenues for the incorporation of environmental legal obligations within the investment legal regime. The thesis examines the main substantive protections granted to investors by the system of bilateral and multilateral investment instruments, before considering the ways in which, through express provisions, general conflict rules, and procedural means, tribunals can take environmental law into account. This taxonomy is tested in the third part of this work, through the analysis of the jurisprudence issuing from investment tribunals in disputes containing an environmental element.
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Stepanok, Ignat. "Essays on international trade and foreign direct investment." Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Nationalekonomi, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1289.
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The availability of firm level data in international trade started a very quickly developing theoretical literature that focused on the micro evidence and understanding its implications for aggregate productivity and welfare. The new models were dealing with individual firm characteristics determining entry and exit from foreign markets and the different ways in which firms chose to enter. Two of the main features of this literature are that firms have heterogeneous productivities and need to pay a fixed costs in order to enter both their home and foreign markets. As a result, some do not find it optimal to export and it is those with higher productivity that do. This thesis is comprised of three theoretical papers (chapters) in which the models are with firms with heterogeneous productivities and there is steady state economic growth. The purpose in all three papers has been to generate results that are already established empirical facts but that have not been incorporated in the theoretical trade and growth literature.Diss. Stockholm : Handelshögskolan i Stockholm, 2011
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Alexander, Tamra A. "The Canadian International Trade Tribunal : Canada's emerging trade jurisprudence." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27442.
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Established in 1988, the Canadian International Trade Tribunal (the "CITT") replaced the Tariff Board, the Canadian Import Tribunal and the Textile and Clothing Board. Tasked with the responsibilities of advising the government on various trade related matters, conducting injury inquiries and reviewing certain decisions of the customs department, the CITT is an important source of Canadian trade policy and jurisprudence. This paper focuses on the role the CITT has played in the development of Canadian trade jurisprudence, with particular emphasis on the CITT's material injury inquiries and its appellate review of Canada Customs' classification and valuation determinations. Placing these decisions against the background of Canada's international trade commitments, the author gives a mixed review of the CITT's performance to date. That said, the author notes that a significant proportion of the CITT's failures in this area is more accurately attributable to the statutory limitations to its jurisdiction due to the incomplete manner in which Parliament has implemented Canada's international trade commitments into domestic law.
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Ismailov, Otabek. "The Necessity Defense in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/35860.
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More than fifty investor-state arbitration claims have been filed by foreign investors against the Republic of Argentina due to the country's adoption of measures to mitigate the consequences of a severe financial crisis that struck the country in the early 2000s. Argentina invoked the Non-Precluded Measures (NPM) clause in the U.S.-Argentina Bilateral Investment Treaty (BIT) and the necessity defence in customary international law as its defense in these arbitrations. As a result of taking divergent approaches to interpreting the NPM clause in the U.S.-Argentina BIT, the tribunals reached inconsistent decisions on Argentina’s liability for damages incurred by foreign investors, which intensified the legitimacy crisis in the investment arbitration regime. Consequently, the tribunals’ approaches to interpreting the nexus requirement of the treaty NPM clause (the "necessary for" term) caused a fierce academic debate among scholars.
This thesis studies the issues related to the inconsistent interpretation of treaty NPM clauses and the customary necessity defense in the investment arbitration regime. It presents a detailed examination of the necessity defense in customary international law and treaty NPM clauses through the lens of regime theory. By applying relevant concepts of regime theory, such as regime formation, regime attributes, regime consequences and regime dynamics, this work explores the origins and evolution of the necessity doctrine, and provides a comparative analysis of the attributes, structural elements and the consequences of invoking the customary necessity defense and treaty NPM clauses.
This thesis analyses the interpretative issues in the Argentine cases, and based on the dynamics of developments in the practice of states, it arrives at concrete proposals that will contribute to the coherent practice of investment arbitration tribunals in interpreting treaty NPM clauses. By applying the concept of interaction of regimes, this thesis provides a comparative analysis of tests suggested by scholars for interpreting Article XI of the U.S.-Argentina BIT. It examines whether the interpretative testsmargin of appreciation, proportionality and less restrictive meansused by dispute settlement bodies in other specialized treaty regimes have the potential to serve as an optimal standard for interpreting Article XI. This work explains the contents of these tests and inquires as to the advantages and criticisms related to their application in the investment arbitration regime. This thesis further advances the argument that the interpretation of treaty NPM clauses (Article XI of the U.S.-Argentina BIT) should be performed with strict adherence to the general rules of interpretation as established under Article 31 of the Vienna Convention on the Law of Treaties (VCLT). Specifically, it argues that in cases when tribunals fail to define the meaning of a treaty provision under Article 31 (1) and (2) of VCLT, they should not look for guidance from other specialized treaty regimes, but rather, must have recourse to general international law, specifically, customary rules of international law. As a methodology for performing this interpretation, this thesis proposes to apply a systemic integration approach through operationalizing Article 31(3)(c) of VCLT.
Furthermore, this thesis advances the argument that the interpretation of the only means requirement of the customary necessity defense (Article 25 of Articles on the Responsibility of States) does not accurately reflect the contemporary customary rules on necessity. Thus, by applying the concept of regime dynamics, it proposes to reconceptualise the interpretation of the only means requirement through incorporating the elements of a more progressive version, which is found in the international trade regime. Unlike the scholars who rejected the application of the customary necessity elements, and proposed the direct importation of the LRM test from the international trade regime to interpret Article XI, this thesis proposes a different approach to taking advantage of the WTO jurisprudence. Specifically, it argues that WTO jurisprudence can be incorporated into the investment regime indirectly by serving as a source from which we can identify the development of state practice in examining the "only means" nature of state measures adopted in emergency (necessity) circumstances. It is contended that such state practice represents a more progressive and practical approach to interpreting the only means requirement of customary necessity defense, and thus, should be incorporated into the interpretation practice of investment arbitral tribunals.
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Romson, Åsa. "Environmental Policy Space and International Investment Law." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-74521.
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This dissertation analyses the implications of international investment law on host states’ legal ability to protect the environment, regulate sustainable use of natural resources, and develop new approaches to manage environmental risks and uncertainties. ‘Environmental policy space’ is found to be a useful term when exploring the regulatory autonomy in this context. On one hand, investment law aims to ensure stability of the investment environment. On the other hand, environmental law needs flexibility to react to the degradation of the environment. It is found that those different aims do not have to be in conflict. There are useful mechanisms in national environmental law which provide for accessible, transparent and predictable decisions for the private actor. These mechanisms can fulfill the aim of stability in investment law. It is, however, concluded that core provisions of international investment treaties risk to put constraints to environmental law in a variety of ways. To diminish these risks, states, when concluding investment treaties, should make clear that constraining environmental regulation is not compatible with the overarching aim of sustainable development. Furthermore, the interpretation of provisions of investment protection must respect principles and instruments of environmental law not to continue being unbalanced towards investor interests. It is also concluded that allowing for investor – state arbitration, without the investor exhausting local remedies, will ignore the important national administrative review system of public environmental measures.
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Тумакова, М. С. "International Investment Law as a Specific Discipline." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2010. http://essuir.sumdu.edu.ua/handle/123456789/62765.
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International investment law governs transactions between the investors of one
country and the companies or governments which receive the funds in another
country. Creating rules and guidelines encourages investment and global trade
between countries, which would have been too risky and unpalatable for investors
otherwise. Because the Internet has made international investment significantly
easier, international investment law has become particularly topical.
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Poole, Jennifer Pamela. "Mobility and information flows in international trade and investment." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2007. http://wwwlib.umi.com/cr/ucsd/fullcit?p3277677.
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Thesis (Ph. D.)--University of California, San Diego, 2007.Title from first page of PDF file (viewed October 10, 2007). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 104-109).
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Sun, Yi, and 孙熠. "Two essays in international trade and foreign direct investment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2014. http://hdl.handle.net/10722/206322.
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Onder, Harun. "Structure of International Cooperation in Trade, Investment and Environment." FIU Digital Commons, 2010. http://digitalcommons.fiu.edu/etd/240.
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This dissertation analyzes the obstacles against further cooperation in international economic relations. The first essay explains the gradual nature of trade liberalization. I show that existence of asymmetric information between governments provides a sufficient reason for gradualism to exist. Governments prefer starting small to reduce the cost of partner’s betrayal when there is sufficient degree of information asymmetry regarding the partner’s type. Learning about partner’s incentive structure enhances expectations, encouraging governments to increase their current level of cooperation. Specifically, the uninformed government’s subjective belief for the trading partner being good is improved as the partner acts cooperatively. This updated belief, in turn, lowers the subjective probability of future betrayal, enabling further progress in cooperation. The second essay analyzes the relationship between two countries facing two policy dilemmas in an environment with two way goods and capital flows. When issues are independent and countries are symmetric, signing separate agreements for tariffs (Free Trade Agreements-FTA) and for taxes (Tax Treaties-TT) provides the identical level of enforcement as signing a linked agreement. However, linkage can still improve the joint welfare by transferring the slack enforcement power in a case of asymmetric issues or countries. I report non-results in two cases where the policy issues are interconnected due to technological spillover effect of FDI. Moreover, I show that linking the agreements actually reduces enforcement when agreements are linked under a limited punishment rule and policy variables are strategic substitutes. The third essay investigates the welfare/enforcement consequences of linking trade and environmental agreements. In the standard literature, linking the agreements generate non-trivial results only when there is structural relation between the issues. I focus on institutional design of the linkage and show that even if environmental aspects of international trade are negligible linking the agreements might still have some interesting welfare implications under current GATT Rules. Specifically, when traded goods are substitutes in consumption, linking the environmental agreement with trade agreement under the Withdrawal of Equivalent Concession Rule (Article XXVIII) will reduce the enforcement. However, enforcement in environmental issue increases when the same rule is implemented in the absence of linkage.
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Rydermark, Oskar. "Interpreting the Term ‘Investment’ in International Investment Law by Subsequent Agreements." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-405866.
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Younas, Javed Bandyopadhyay Subhayu. "Essays in trade, foreign aid and investment." Morgantown, W. Va. : [West Virginia University Libraries], 2007. https://eidr.wvu.edu/etd/documentdata.eTD?documentid=5301.
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Thesis (Ph. D.)--West Virginia University, 2007.Title from document title page. Document formatted into pages; contains iii, 92 p. : ill. (some col.). Includes abstract. Includes bibliographical references.
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Liu, Guojin. "Finance leasing in international trade." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/741/.
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The thesis is on “Finance Leasing in International trade”. It considers the question “How well does English law recognise and encourage the use of finance leasing in equipment trade?” The discussion shows that, on the one hand, English law has recognised the financing nature of finance leasing. It sees the lessor in a finance leasing arrangement merely as a financier, who steps into a sale of equipment which might otherwise take place between the supplier and the lessee. In addition, English law recognises that there are two agreements between the parties: a sale between the supplier and the lessor and a finance lease between the lessor and the lessee. Although English law does not view the transaction as a triangular relationship, it entitles the lessee to a cause of action against the supplier in various circumstances. It also allows the lessor to exclude from liability for the quality of the asset and to secure his commercial interests in the transaction by retaining ownership of the asset. On the other hand, however, English law fails to provide solutions to some problems arising from the financing nature of the transaction. For example, it is difficult for the lessor to be completely free of responsibility for the condition of the asset, which is imposed by the Supply of Goods and Services Act 1982. His obligation to ensure the lessee’s quiet enjoyment of the lessee is also obscure. In addition, the lessee does not have a proprietary right over the asset at law and this has led to distortion of some of the legal principles regarding ownership and property. The discussion leads to the conclusion that the law pertaining to finance leasing is on the whole satisfactory to facilitate equipment trade but reform is called for in some areas. The following suggestions are proposed to improve the use of finance leasing in the trade of equipment, both domestically and internationally. Firstly, the law should define finance leasing by providing explicit pronouncement of its financial nature and the triangular relationship. Secondly, the obligations and rights of the parties should be more specific. For example, the lessor’s responsibility for the lessee’s quiet enjoyment under the 1982 Act should be clarified as follows: “the lessor ensures that he has the right to lease the asset so that the lessee may enjoy exclusive possession of it free from disturbance by a person whose title is paramount to the lessor’s, unless the disturbance stems from actions of the lessor”. But the lessor should be excluded from all the obligations as to the condition of the asset under the Supply of Goods and Service Act 1982. The supplier should be liable to the lessee for the condition of the asset and, at his default, the lessee should be able to resort to a cause of action against him, being a third party to the supply agreement under the Contract (Third Party Rights) Act 1999. In addition, the lessee should be responsible for the payment of the total rentals irrevocably and his right over the asset should be recognised as a legal proprietary right.
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Rodrigue, Joel. "International trade, foreign direct investment and productivity an empirical investigation /." Thesis, Kingston, Ont. : [s.n.], 2008. http://hdl.handle.net/1974/1245.
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Gharaibeh, Ahmad Mohammed Obeid. "Foreign direct investment incentives : the case of Jordan." Thesis, University of Hull, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363333.
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Zhang, Xin. "International trade regulation in China : law and policy /." Oxford [u.a.] : Hart Publ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/513053670.pdf.
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Cole, Matthew T. "Strategic trade policy with foreign direct investment and heterogeneous firms /." Connect to title online (ProQuest), 2009. http://proquest.umi.com/pqdweb?did=1883593661&sid=1&Fmt=2&clientId=11238&RQT=309&VName=PQD.
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Liu, Xiaming. "Foreign direct investment in the People's Republic of China." Thesis, University of Strathclyde, 1993. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=20377.
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China's rapidly growing inward FDI has been initiated in five main ways. These are: moves stemming from family relations; Chinese government initiatives; action by China-based establishments registered abroad; action by local Chinese firms in search of a partner; and action by the foreign investor. Most of China's inward FDI has been made by ethnic Chinese businessmen who are motivated by family and local connections. Joint ventures are the basic organisational form of FDI, and conglomerate integration is an important phenomenon in China. These peculiar features of China's inward investment not only pose a challenge to the currently dominant theories of FDI, but also have important implications for China's FDI policy. As for the theoretical challenge, the data obtained from our fieldwork and library research go beyond the range of possibilities explained by these theories, and therefore, a general analysis is developed, which is believed to extend the range of possibilities to be considered, and is used to incorporate the FDI determinants that appear to be important in China. The need to explain the motives of the local partner as initiator requires some of the questions answered by existing theories to be turned on their heads, and the importance of family and local connections in reducing transaction costs in FDI is probably unique to China. Conclusions reached on policy are that an attempt should be made to achieve greater stability in policy; that discrimination between areas for foreign investment purposes should be removed; that closer approaches to convertibility will enhance the case for removing the residual bias in policy toward exporting and requirements for foreignexchange "balance"; that, though the very large tax discrimination in favour of foreign firms and joint ventures as against local firms will undoubtedly be reduced, it has probably played a valuable role in leading local firms to find foreign partners and should not be removed entirely without careful consideration; and that correspondingly important questions are raised about whether investment from Hong Kong should be treated as domestic or foreign after 1997.