The WTO and international investment law : converging systems
Author(s)
Bibliographic Information
The WTO and international investment law : converging systems
(Cambridge international trade and economic law)
Cambridge University Press, 2016
- : hardback
Available at 9 libraries
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Note
Includes bibliographical references (p. 283-298) and index
Description and Table of Contents
Description
International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jurgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Table of Contents
- 1. Introduction
- 2. History
- 3. National treatment
- 4. Science as a common proxy for rational regulation
- 5. Common exceptions and derogations
- 6. Dispute settlement
- 7. Conclusion.
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