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Keywords: International investment law
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Journal Article
Fabio C Morosini and Ely Caetano Xavier Junior
Journal of International Dispute Settlement, Volume 16, Issue 2, June 2025, idaf010, https://doi.org/10.1093/jnlids/idaf010
Published: 21 March 2025
... of international investment law from the perspective of the Global South, a highly heterogeneous collective of emerging and least-developed economies. Traditional international investment agreements (IIAs) often place these countries in positions where they must compromise their regulatory autonomy to attract...
Chapter
Published: 23 December 2020
...This introductory chapter provides an overview of the protection of intellectual property (IP) under international investment law. In today's globally connected world, international investment law and IP rights are two vitally important legal fields that touch on a vast range of policy issues...
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Published: 22 September 2016
... as aspects of international competition. Although there is consensus on the core subjects, the content of ‘international economic law’ remains controversial and leaves room for subjectively coloured choices. Competition Intellectual property International investment law Goods Environmental disputes...
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Published: 22 September 2016
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Published: 22 September 2016
... has gained particular importance in international investment law, especially in relation to the treaty standard of ‘fair and equitable treatment’. In the case Mondev International v United States of America, an ICSID tribunal defined this standard as protecting investors from...
Chapter
Published: 22 September 2016
...-consistent measures to rather detailed requirements. At the same time, conformity of measures with the SPS Agreement always signifies conformity with GATT. International investment law International monetary law Specific trade agreements The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement...
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Published: 22 September 2016
..., such as its general exceptions and its restrictive measures. In addition, the chapter explores other areas falling under the regime of GATS: telecommunications services, financial services, and the Trade in Services Agreement (TiSA). World Trade Organization Competition International investment law...
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Published: 22 September 2016
..., a particularly large potential for conflict might flow from multilateral treaties which explicitly allow restrictive measures at least prima facie banned under WTO law. World Trade Organization Corporations Competition International investment law International monetary law Goods WTO law...
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Published: 22 September 2016
... of understanding establish a close cooperation in competition cases. General international law also governs the legitimate reach of national competition laws. European Union Competition International investment law International monetary law International trade Competition law (in the United States antitrust...
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Published: 22 September 2016
.... These may refer to the extraction of raw materials, the provision of water and energy, or the operation of infrastructures. In the sectors of water, energy supply, and construction, concessions may establish the right to operate supply facilities or installations. Water International investment law...
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Published: 22 September 2016
.... There are currently 160 signatory States, with 152 States having ratified the ICSID Convention. The ICSID Convention governs the conciliation and arbitration procedures as well as the enforcement of arbitral awards. International Centre for Settlement of Investment Disputes International investment law...
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Published: 22 September 2016
... International investment law International monetary law International trade International monetary law constitutes a core sector of international economic law. International trade in goods and services and other international business transactions rest on cross-border payments and capital movements which...
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Published: 22 September 2016
... the perspective of heavily indebted countries. International Monetary Fund International investment law Debts The power of taxation and the usually ample State property nourish the far-spread concept of the State as a reliable debtor. However, from a historical perspective, State insolvency is by no means...
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Published: 18 February 2021
... provisions. The chapter then studies the ten topics that make up the basic structure of most modern investment treaties. International investment law Most-favoured-nation treatment (MFN) Fair and equitable treatment standard Full protection and security National treatment Non-discrimination Treaties...
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Published: 18 February 2021
...International investment law Exchange controls Law of treaties Arbitration The ability of a foreign investor to make international monetary payments freely both into and out of a host country is crucial to the success of any foreign investment. Investors need to transfer funds into the host...
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Published: 23 July 2020
... International investment law Standards of treatment Settlement of disputes This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion...
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Published: 07 May 2024
... of Foreign Arbitral Awards. The chapter then details the main areas of international economic law. It also considers the interplay between international economic law and economic rationality. Human rights International investment law International monetary law Goods Transparency International...
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Published: 07 May 2024
.... It further elaborates on several GATT provisions in correlation with its principles, such as the reduction of tariffs and non-tariff barriers to trade. International investment law Most-favoured-nation treatment (MFN) Specific trade agreements Tariffs Technical barriers to trade Burden of proof Waiver...
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Published: 02 November 2022
... of an applicable treaty, protected investors, and protected investments as some of the jurisdictional issues vindicating the legal rights of investment treaties. International investment law Treaty provisions Arbitration, procedure Consent to jurisdiction through treaties Arbitral tribunal 8.01...
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Published: 27 June 2024
... relevant treaty rules applicable in the relations between the parties. International investment law International trade Applicable law Responsibility of states 8.01 In the field of international economic law, the principle of systemic integration has received extensive consideration in two very...