Jump to ContentJump to Main Navigation

You are looking at 1-20 of 21 items

  • Keywords: national treatment x
Clear All Modify Search

View:

The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO

Jürgen Kurtz

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter critically examines cross-fertilization of jurisprudence across the shared obligation of national treatment in WTO law and investment treaties. It focuses on the methodological tendency ... More


Which Level of Protection?—The Scope of the Prohibition of Restriction: Equal Treatment and Market Access

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0005
Subject:
Law, EU Law

This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community ... More


Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law

Freya Baetens

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

When comparing nationality-based discrimination prohibitions in human rights and investment law, the question arises whether human rights jurisprudence could be instructive for interpretations of the ... More


The GATS

Rudolf Adlung and Aaditya Mattoo

in A Handbook of International Trade in Services

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199235216
eISBN:
9780191715624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235216.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter explains the basic structure of the General Agreement on Trade in Services (GATS), and how it applies to measures that affect trade in services. Although a number of terms and concepts ... More


Domestic Regulations and the GATS

Panagiotis Delimatsis

in International Trade in Services and Domestic Regulations: Necessity, Transparency, and Regulatory Diversity

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199533152
eISBN:
9780191714528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533152.003.0004
Subject:
Law, Public International Law

This chapter untangles the issue of regulatory diversity in services trade. After a review of the rationales behind governmental intervention, it provides a thorough analysis of the GATS provisions ... More


Non-Discrimination and Justification in the GATT

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0007
Subject:
Law, Public International Law, EU Law

This chapter addresses the non-discrimination disciplines of the GATT (most-favoured-nation treatment and national treatment) and related issues, notably justification on non-economic grounds under ... More


Domestic Instruments

Petros C. Mavroidis

in Trade in Goods: The GATT and the Other Agreements Regulating Trade in Goods

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552139
eISBN:
9780191716591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552139.003.0003
Subject:
Law, Public International Law

This chapter focuses on domestic instruments. Besides national treatment, Agreement On Technical Barriers To Trade (TBT), and Agreement on the Application of Sanitary and Phyto-sanitary Measures ... More


Interpretation Continued: The Structural Features of the TRIPS Agreement

Graeme B. Dinwoodie and Rochelle C. Dreyfuss

in A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195304619
eISBN:
9780199933273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195304619.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law, Private International Law

This Chapter further critiques DSB decisions by considering a mechanism to share examination workloads among national patent offices, and the EU’s Database Directive, which seeks to expand protection ... More


National Treatment

Andrea K. Bjorklund

in Standards of Investment Protection

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199547432
eISBN:
9780191701467
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547432.003.0003
Subject:
Law, Public International Law

This chapter examines the historical background of the national treatment obligation in international investment agreements. It provides examples of investment treaty provisions and analyses the case ... More


Scope and Standards of Review

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0004
Subject:
Law, Public International Law

This chapter reviews the notion of ‘investment’ in contemporary treaties to demonstrate that the system affords to arbitrators a broad jurisdiction over a wide range of sovereign acts. It argues that ... More


The International Law of Foreign Investment in the FCN Treaties

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0009
Subject:
Law, Public International Law, Legal History

The New Deal liberalism that FCN treaties sought to project onto the world was defined by basic rule-of-law principles found in the U.S. Constitution and by the free enterprise system. The United ... More


International Trade in Media Goods and Services

Perry Keller

in European and International Media Law: Liberal Democracy, Trade, and the New Media

Published in print:
2011
Published Online:
September 2011
ISBN:
9780198268550
eISBN:
9780191728518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268550.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

Chapter Five examines trade in media goods and services under the GATT and GATS treaties. It looks at their primary non-discrimination obligations in relation to their general and security ... More


CONFLICT OF NORMS STEMMING FROM INTRA-EU BITS AND EU LEGAL OBLIGATIONS: SOME REMARKS ON POSSIBLE SOLUTIONS

Marek Wierzbowski and Aleksander Gubrynowicz

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0029
Subject:
Law, Public International Law, Private International Law

This chapter seeks to determine the extent to which obligations stemming from the EU legal order conflict with the norms of intra-EU BITs as well as to analyse possible solutions that could ... More


Country review: Chile

Marcelo J. Wolff

in A Decade of HAART: The Development and Global Impact of Highly Active Antiretroviral Therapy

Published in print:
2008
Published Online:
September 2009
ISBN:
9780199225859
eISBN:
9780191723834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225859.003.0007
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter describes the epidemiological characteristics of HIV infection in Chile. It discusses the healthcare system and its approach to antiretroviral therapy from the advent of HAART until ... More


Domestic Policies/National Treatment

Petros C. Mavroidis

in The Regulation of International Trade: GATT

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262029841
eISBN:
9780262333894
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262029841.003.0007
Subject:
Political Science, Political Economy

This chapter deals with the effect of domestic policies on trade as well as the national treatment requirement of all good no matter whether they originate from home or abroad. There is a review of ... More


Launching the U.S. Postwar FCN Treaty Program

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0003
Subject:
Law, Public International Law, Legal History

At the end of World War II, the State Department revitalized its program of friendship, commerce, and navigation (FCN) treaties, which dated back to 1776. This entailed preparing, in consultation ... More


Trading Away Financial Stability: Reconstructing Capital Account Liberalization as Trade and Investment Policy

Kevin P. Gallagher

in Ruling Capital: Emerging Markets and the Reregulation of Cross-Border Finance

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801453113
eISBN:
9780801454615
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801453113.003.0008
Subject:
Political Science, Political Economy

This chapter discusses the General Agreement on Trade in Services (GATS). GATS provides a general framework for disciplining policies affecting “trade in services” and establishes a commitment for ... More


Community Interests in World Trade Law

Christian Tietje and Andrej Lang

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0012
Subject:
Law, Public International Law

The authors argue that WTO law protects the community interest of promoting an essentially rules-based and fair world market. The core concern of WTO law is to protect trade-conducive structures that ... More


The Scope of Regulatory Autonomy of WTO Members under Article III:4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body

Frieder Roessler

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0004
Subject:
Law, Public International Law

The WTO Appellate Body has ruled that products are ‘like products’ within the meaning of Article III:4 of the GATT if they directly compete in the market and that an imported product is accorded ... More


Introductory Note: The WTO Dispute Settlement System in 2016

Joanna Gomula

in The Global Community Yearbook of International Law and Jurisprudence 2017

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190923846
eISBN:
9780190923860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923846.003.0018
Subject:
Law, Public International Law

In 2016, panel and Appellate Body reports were adopted in seven disputes. The majority of the disputes concerned general obligations under two basic WTO agreements: the General Agreement on Tariffs ... More


View: