Law Commons^™

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse

Julien Chaisse

The TPP investment chapter resembles in large measure the more recent US IIAs rather than the 1995 text of NAFTA Chapter 11. In a nutshell, the TPP investment chapter does not offer major innovations in terms of treaty drafting. However, the TPP crystallizes most recent innovations since 2001 in terms of NAFTA interpreting notes and also reflects developments in arbitral case-law. The normative quality and geographic scope of the TPP, however, places the agreement among the most detailed and important investment treaties. In this light, it is possible to return to the question raised in the beginning of this chapter …

Reform Of Investor-State Dispute Settlement: Lessons From International Uniform Law, Joshua D H Karton

Joshua Karton

This article argues that significant improvements in the quality and consistency of decision-making in investor-state arbitration can be achieved without taking such drastic (and possibly unachievable) steps as creating a global appellate body or standing international investment court, or enacting a new treaty that codifies the substantive obligations of international investment law for all signatory states. The article draws on the experience of the international uniform law movement to suggest realistic and achievable steps that could nevertheless be effective.

Although investor-state arbitration and uniform law are not entirely analogous, they do share some important similarities. In particular, they share the …

Law For Foreign Business And Investment In China, Vai Lo, Xiaowen Tian

Xiaowen Tian

In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution.Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts …