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Full-Text Articles in Social and Behavioral Sciences
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …