settlements of trade disputes between china and latin american countries laws in emerging economies

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Settlements Of Trade Disputes Between China And Latin American Countries

Author : Dan Wei
ISBN : 9783662464250
Genre : Law
File Size : 82. 8 MB
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Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.

The Law Of Investment Treaties

Author : Jeswald W. Salacuse
ISBN : 9780191009150
Genre : Law
File Size : 53. 56 MB
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The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

International Trade Agreements Before Domestic Courts

Author : Maria Angela Jardim de Santa Cruz Oliveira
ISBN : 9783319139029
Genre : Law
File Size : 58. 58 MB
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This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

Wto Dispute Settlement And The Trips Agreement

Author : Matthew Kennedy
ISBN : 9781316586389
Genre : Law
File Size : 73. 75 MB
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The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

Shifting Paradigms In International Investment Law

Author : Steffen Hindelang
ISBN : 9780191058295
Genre : Law
File Size : 52. 35 MB
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International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Cooperative Strategy

Author : John Child
ISBN : 0199266247
Genre : Business & Economics
File Size : 33. 96 MB
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This is a clear and comprehensive survey of strategic alliances which presents different disciplinary perspectives and numerous examples from the corporate world. The text has been thoroughly revised and updated, taking account of new theoretical models and its coverage of case studies has been extended.

Emerging Capital Markets And Globalization

Author : Augusto de la Torre
ISBN : 0821365444
Genre : Business & Economics
File Size : 64. 82 MB
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Back in the early 1990s, economists and policy makers had high expectations about the prospects for domestic capital market development in emerging economies, particularly in Latin America. Unfortunately, they are now faced with disheartening results. Stock and bond markets remain illiquid and segmented. Debt is concentrated at the short end of the maturity spectrum and denominated in foreign currency, exposing countries to maturity and currency risk. Capital markets in Latin America look particularly underdeveloped when considering the many efforts undertaken to improve the macroeconomic environment and to reform the institutions believed to foster capital market development. The disappointing performance has made conventional policy recommendations questionable, at best. 'Emerging Capital Markets and Globalization' analyzes where we stand and where we are heading on capital market development. First, it takes stock of the state and evolution of Latin American capital markets and related reforms over time and relative to other countries. Second, it analyzes the factors related to the development of capital markets, with particular interest on measuring the impact of reforms. And third, in light of this analysis, it discusses the prospects for capital market development in Latin America and emerging economies and the implications for the reform agenda.

China And Latin America And The Caribbean

Author : Osvaldo Rosales
ISBN : 9210210824
Genre : Political Science
File Size : 78. 87 MB
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The economies of China and of the Latin America and the Caribbean region are the current global growth poles. The present juncture offers an opportunity to rethink global and regional partnership strategies and to put greater emphasis on South-South ties in trade, foreign direct investment and cooperation. This publication posits that China and the Latin America and the Caribbean region now enjoy a sufficiently mature relationship and are poised to make a qualitative leap towards a mutually beneficial strategic alliance.

Intellectual Property Rights In Emerging Markets

Author : Clarisa Long
ISBN : UOM:39015050295602
Genre : Law
File Size : 57. 62 MB
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The debate over international intellectual property rights has become an important foreign policy issue for many industrialized countries, and particularly for the United States. U.S. companies complain that they have suffered greatly from the lack of rigorous and uniform international standards for intellectual property rights, and the U.S. government has concequently undertaken to strengthen rights protection -- through bilateral consultations with other countries and through multilateral forums such as the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). Most developing countries have committed to raise their standards of intellectual property protection, but how quickly they will adopt new standards of protection and what from the standards will take remain open questions.Intellectual Property Rights in Emerging Markets, edited by Clarisa Long, considers the three geographical regions that present the greatest intellectual property rights problems toU.S. industries -- China, Latin America, and India. The authors assess the effects of regional and local factors on levels of protection; describe how trade pacts, domestic interest groups, and development policies affect incentives to protect intellectual property rights; and propose steps to motivate the three regions to improve protection. Their findings and recommendations offer much-needed guidance to the U.S. business community.

Congressional Record

Author :
ISBN : STANFORD:36105005989038
Genre : Law
File Size : 32. 40 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

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