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China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Julien Chaisse (ed.)

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted ... More


Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Susan D. Franck

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.001.0001
Subject:
Law, Public International Law

Investment treaty arbitration (sometimes called ISDS or investor-state dispute settlement) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. ... More


The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Taylor St John

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.001.0001
Subject:
Political Science, International Relations and Politics

Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in ... More


The EU Deep Trade Agenda: Law and Policy

Billy A. Melo Araujo

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198753384
eISBN:
9780191815010
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753384.001.0001
Subject:
Law, EU Law, Company and Commercial Law

In 2006, the EU launched the Global Europe strategy which signalled a significant change in its external trade policy by putting the emphasis on the conclusion of deep and comprehensive FTAs. The ... More


Introduction

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0001
Subject:
Law, Public International Law

This chapter introduces bilateral investment treaties (BITs) and the debates surrounding BITs and investor–state dispute settlement (ISDS). It examines briefly the origin of BITs; their evolution and ... More


India’s BITs: Mapping the Acceptance—II

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0005
Subject:
Law, Public International Law

Continuing on the discussion on the key features of Indian BITs from the previous chapter, this chapter studies the following provisions in India’s BITs and FTA investment chapters: expropriation; ... More


The 2016 Indian Model BIT: Making the BIT Unworkable for Investors

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0008
Subject:
Law, Public International Law

This chapter studies India’s 2016 Model BIT, which the Indian government claims aims to balance investment protection with the state’s right to regulate. The chapter shows that barring some of the ... More


Conclusion: Throw the Bathwater, but Keep the Baby!

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0009
Subject:
Law, Public International Law

The concluding chapter shows that India’s approach towards BITs post 2010 has become protectionist. This protectionist approach towards BITs is divergent from India’s liberal foreign investment ... More


Regulation of Investment Incentives: Instruments at an International/Supranational Level

Lise Johnson

in Rethinking Investment Incentives: Trends and Policy Options

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231172981
eISBN:
9780231541640
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231172981.003.0012
Subject:
Economics and Finance, Financial Economics

This chapter looks at instruments that are used at an international or supra-national level to help govern the use of investment incentives. The chapter looks both at the extent to which those ... More


Intellectual Property and International Investment Agreements

Henning Grosse Ruse-Khan

in The Protection of Intellectual Property in International Law

Published in print:
2016
Published Online:
August 2017
ISBN:
9780199663392
eISBN:
9780191850240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199663392.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines selected issues on the scope of intellectual property (IP) protection under international investment law and contrasts this with the approach of the international IP system. It ... More


International Courts or Tribunals and the Autonomy of the EU Legal Order

Christina Eckes

in EU Powers Under External Pressure: How the EU's External Actions Alter its Internal Structures

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198785545
eISBN:
9780191827457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785545.003.0007
Subject:
Law, EU Law

Chapter 6 examines the consequences of the Union’s submission to the jurisdiction of international courts and tribunals (ICTs) for the autonomy of the EU legal order. In fact, no discussion of the ... More


Conclusion

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0010
Subject:
Political Science, International Relations and Politics

The conclusion identifies how the book’s findings relate to contemporary debates. The terms of today’s debate were set decades ago: all visions of investor–state arbitration’s future define ... More


Investment

Billy A. Melo Araujo

in The EU Deep Trade Agenda: Law and Policy

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198753384
eISBN:
9780191815010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753384.003.0005
Subject:
Law, EU Law, Company and Commercial Law

The objective of this chapter is to describe and assess the EU’s attempts to negotiate investment protection and ISDS provisions EU free trade agreements within the context of the wider debate ... More


Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America

María José Luque Macías

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0013
Subject:
Law, Public International Law, Environmental and Energy Law

Despite strong criticism against international investment agreements and investor–State dispute settlement, Latin American countries mostly uphold both legal means as effective methods for the ... More


Jumping Back and Forth between Domestic Courts and ISDS: Mixed Signals from the Asia-Pacific Region

Leon E. Trakman and Kunal Sharma

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0014
Subject:
Law, Public International Law, Environmental and Energy Law

The chapter deals with the tension between investor–State disputes being resolved by investor–State arbitrators or domestic courts of law. That tension includes significant and perceptible shifts in ... More


The Contribution of EU Trade Agreements to the Development of International Investment Law

Frank Hoffmeister

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0016
Subject:
Law, Public International Law, Environmental and Energy Law

The final chapter of the contribution examines the EU's international investment policy by casting a glance on the EU–Canada Free Trade Agreement, the EU's approach to sustainable development, and ... More


State-to-State Dispute Settlement in Megaregionals

Donald McRae

in Megaregulation Contested: Global Economic Ordering After TPP

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198825296
eISBN:
9780191864001
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825296.003.0024
Subject:
Law, Company and Commercial Law

State-to-state dispute settlement (SSDS) in trade matters was transformed from the traditional model through the compulsory two-tier mechanism of the World Trade Organization (WTO). It now functions ... More


Finding a Workable Balance Between Investor Protection and the Public Interest in the Trans-Pacific Partnership

Chin Leng Lim

in Megaregulation Contested: Global Economic Ordering After TPP

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198825296
eISBN:
9780191864001
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825296.003.0025
Subject:
Law, Company and Commercial Law

This chapter discusses the apparent isolation of investment rules from mid-20th-century efforts to embed international economic rules within the overall social context of the ‘New Deal’ in the United ... More


The RCEP Investment Rules and China: Learning from the Malleability of Chinese FTAs

Heng Wang

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0014
Subject:
Law, Public International Law, Company and Commercial Law

The chapter analyses China’s FTA approach to investment in terms of malleability, and its implications for the RCEP. The following questions are discussed: what is the trend of China’s FTA approach ... More


Introduction

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0001
Subject:
Political Science, International Relations and Politics

This chapter sets out the puzzle: what explains the rise of investor–state arbitration? It defines the rise of investor–state arbitration as one process with two phases: the creation of the ICSID ... More


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