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Exploring The Confines Of International Investment And Domestic Health Protections--Is A General Exceptions Clause A Forced Perspective?, Julien Chaisse
Exploring The Confines Of International Investment And Domestic Health Protections--Is A General Exceptions Clause A Forced Perspective?, Julien Chaisse
Julien Chaisse
This Article focuses the analysis on the ramifications of the recent investment treaty practice, including “general exceptions” in investment treaties in light of increasing attention paid by governments to tobacco controls. This Article fundamentally tries to answer whether the “general exceptions” clause found in investment treaties can be an efficient tool for governments to develop national health policies. It is an important question, both at policy and theoretical levels, as investment treaties grant significant rights to foreign investors, such as tobacco companies, while many governments are willing to develop tobacco control measures which would echo those enforced by Uruguay and …
Maintaining The Wto's Supremacy In The International Trade Order: A Proposal To Refine And Revise The Role Of The Trade Policy Review Mechanism, Julien Chaisse
Maintaining The Wto's Supremacy In The International Trade Order: A Proposal To Refine And Revise The Role Of The Trade Policy Review Mechanism, Julien Chaisse
Julien Chaisse
In light of the stagnating World Trade Organization (WTO) negotiations, this article argues that WTO should not only focus on the development of new rules or the resolution of disputes, but should also develop ‘soft law’ on the basis of informal mechanisms as the successful experiences of the International Competition Network or the International Monetary Fund demonstrate. In this respect, WTO should extend and refine the role of its Trade Policy Review Mechanism (TPRM) in order to be able to address essential issues of contemporary economic concerns and, hence, remain at the centre of global governance. This article explains how …
Assessing The Exposure Of Asian States To Investment Claims, Julien Chaisse
Assessing The Exposure Of Asian States To Investment Claims, Julien Chaisse
Julien Chaisse
The developments which are now taking place show that Asian states are increasingly negotiating international investment agreements (hereinafter IIAs) — in the form of BITs or PTAs — which form a dense network of obligations. Although few cases had been brought against Asian states by 2009, the pattern has changed since 2010, with a sharp increase in the initiation of investor-state arbitration proceedings over the last three years bringing the total of investment claims against Asian States to a significant total of 87 international disputes. Although some IIAs have generated a few disputes for technical reasons (for example, those concluded …