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Cover International Law

23. International Investment Law  

Surya P Subedi

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.

Chapter

Cover Cases & Materials on International Law

13. International Economic Law  

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.

Book

Cover International Law

Edited by Malcolm Evans

International Law is a collection of diverse writings from leading scholars in the field that brings together a broad range of perspectives on all the key issues in international law. Featuring chapters written by those actively involved in teaching and practice, this fifth edition explains the principles of international law, and exposes the debates and challenges that underlie it. The book contains seven parts. Part I provides the history and theory of international law. Part II looks at the structure of the international law obligation. Part III covers the subjects of the international legal order. Part IV looks at the scope of sovereignty. Part V looks at responsibility. Part VI considers how to respond to breaches in international obligations. Finally, Part VII looks at the various applications of international law and explains issues relating to the law of the sea, environmental law, investment law, criminal law, human rights law, migration law, and the law of armed conflict.

Book

Cover Cassese's International Law

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalá

This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).

Chapter

Cover International Law

20. International economic law  

This concluding chapter discusses international economic law. When discussing ‘international economic law’ one is addressing the international regimes that regulate international trade, investment, and economic development. The multilateral and bilateral treaties in these areas have become the focal point for the global economy today. International economic law developed rapidly since the end of World War II, when the 1944 Bretton Woods Accords established the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (the World Bank), placing financial institutions at the heart of the post-war settlement. Meanwhile, the law on international trade grew around the General Agreement on Trade and Tariffs (GATT), but today centres on the World Trade Organization in Geneva. International investment law has no equivalent overarching institution, but rather exists as a dense web of bilateral investment treaties (BITs) which have emerged in the last three decades.

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Cover International Law

11. International economic law  

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

Chapter

Cover International Law

11. International economic law  

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

Chapter

Cover Brownlie's Principles of Public International Law

32. Third party settlement of international disputes  

This chapter discusses the third party settlement of international disputes. It covers arbitration and the origins of international dispute settlement; the idea of judicial settlement of international disputes; the International Court of Justice, interstate arbitration, dispute settlement under UNCLOS, the WTO dispute settlement body, and international investment tribunals.

Chapter

Cover International Law

6. The Global Economy  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter presents a survey of international economic law. It discusses the creation of the Bretton Woods system, the General Agreement on Tariffs and Trade (GATT), and the Havana Conference. It considers the roles of the World Bank, the International Development Association, the International Finance Corporation, the International Centre for the Settlement of Investment Disputes, the Multilateral Investment Guarantee Agency, the International Monetary Fund, and the World Trade Organization. It also looks into commodity and energy agreements and regional economic arrangements.

Chapter

Cover Brownlie's Principles of Public International Law

28. The international minimum standard: Diplomatic protection and protection of investments  

This chapter considers two discrete streams of authority – one based on the practice and jurisprudence of diplomatic protection, the other based on the generic standards in over 2,500 bilateral and multilateral investment treaties, as applied in some hundreds of tribunal decisions. The discussions cover the admission, expulsion, and liabilities of aliens; requirements for and standards of diplomatic protection; and breach and annulment of state contracts.