Pub Date : 2018-10-16DOI: 10.1163/22119000-01203015
Editors The Journal of World Investment and
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Pub Date : 2018-10-16DOI: 10.1163/22119000-01203001
Editors The Journal of World Investment and
{"title":"Preliminary Material","authors":"Editors The Journal of World Investment and","doi":"10.1163/22119000-01203001","DOIUrl":"https://doi.org/10.1163/22119000-01203001","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124553230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203010
W. Peter
{"title":"The 15th Geneva Global Arbitration Forum","authors":"W. Peter","doi":"10.1163/22119000-01203010","DOIUrl":"https://doi.org/10.1163/22119000-01203010","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130743902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203007
P. Genton
{"title":"The 15th Geneva Global Arbitration Forum","authors":"P. Genton","doi":"10.1163/22119000-01203007","DOIUrl":"https://doi.org/10.1163/22119000-01203007","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124505197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203013
C. Schreuer
I would describe the phenomenon as disenchantment with investment arbitration in some quarters, or perhaps as a partial retreat, primarily regional. Latin America obviously is more strongly affected than other parts of the world. On the other hand, isn’t it surprising that Latin America has come as far as it has considering its history in international arbitration? Anybody who has studied international law has heard about the Calvo doctrine. I don’t know what Carlos Calvo would have thought about most Latin American countries joining the ICSID Convention. This in itself is a surprising phenomenon.
{"title":"The 15th Geneva Global Arbitration Forum","authors":"C. Schreuer","doi":"10.1163/22119000-01203013","DOIUrl":"https://doi.org/10.1163/22119000-01203013","url":null,"abstract":"I would describe the phenomenon as disenchantment with investment arbitration in some quarters, or perhaps as a partial retreat, primarily regional. Latin America obviously is more strongly affected than other parts of the world. On the other hand, isn’t it surprising that Latin America has come as far as it has considering its history in international arbitration? Anybody who has studied international law has heard about the Calvo doctrine. I don’t know what Carlos Calvo would have thought about most Latin American countries joining the ICSID Convention. This in itself is a surprising phenomenon.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121629585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203014
Guiguo Wang
{"title":"The 15th Geneva Global Arbitration Forum","authors":"Guiguo Wang","doi":"10.1163/22119000-01203014","DOIUrl":"https://doi.org/10.1163/22119000-01203014","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"233 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122664451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203003
Charles-Emmanuel Côté
The lack of a political or legal filter for investor claims makes it necessary for host States to look at new means to dismiss frivolous or illegitimate claims. No solution to this problem is readily offered by the law of treaties or the law of State responsibility. Nevertheless, public international law does frame the discussion on the limitation of host State responsibility. Attempts have been made to use the provisions on the field of application of North American Free Trade Agreement (NAFTA) to achieve this objective. First attempt was made to consider NAFTA chapters on investment and other issues as mutually exclusive. A second attempt, by using the concept of 'measures relating to foreign investors or their investments' in NAFTA Article 1110, has been more successful. The chapter examines these overlooked attempts to use provisions on the scope of treaties in the quest for legitimate claims in international investment law. Keywords:Host State; international investment law; North American Free Trade Agreement (NAFTA)
{"title":"Looking for Legitimate Claims: Scope of Nafta Chapter 11 and Limitation of Responsibility of Host State","authors":"Charles-Emmanuel Côté","doi":"10.1163/22119000-01203003","DOIUrl":"https://doi.org/10.1163/22119000-01203003","url":null,"abstract":"The lack of a political or legal filter for investor claims makes it necessary for host States to look at new means to dismiss frivolous or illegitimate claims. No solution to this problem is readily offered by the law of treaties or the law of State responsibility. Nevertheless, public international law does frame the discussion on the limitation of host State responsibility. Attempts have been made to use the provisions on the field of application of North American Free Trade Agreement (NAFTA) to achieve this objective. First attempt was made to consider NAFTA chapters on investment and other issues as mutually exclusive. A second attempt, by using the concept of 'measures relating to foreign investors or their investments' in NAFTA Article 1110, has been more successful. The chapter examines these overlooked attempts to use provisions on the scope of treaties in the quest for legitimate claims in international investment law. Keywords:Host State; international investment law; North American Free Trade Agreement (NAFTA)","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121049588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203002
J. Hunter, Javier García Olmedo
{"title":"̒Enforcement/Execution̓ of ICSID Awards Against Reluctant States","authors":"J. Hunter, Javier García Olmedo","doi":"10.1163/22119000-01203002","DOIUrl":"https://doi.org/10.1163/22119000-01203002","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116107987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-16DOI: 10.1163/22119000-01203006
Youngjin Jung, Sang Wook Daniel Han
{"title":"What to do with the Dilemma facing the State of Necessity Defense under the Investment Treaties and How to Interpret the NPM Clause?","authors":"Youngjin Jung, Sang Wook Daniel Han","doi":"10.1163/22119000-01203006","DOIUrl":"https://doi.org/10.1163/22119000-01203006","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115101959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-05-03DOI: 10.1163/22119000-12340094
M. Corvaglia
Government procurement is perhaps one of the most underexplored areas in the recent academic literature on transatlantic economic relations, yet it was also one of the most protected economic sectors addressed in the now derailed Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the European Union (EU) and the United States have undertaken extensive reciprocal procurement commitments under the World Trade Organization’s Agreement on Government Procurement (GPA), as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This article aims to deepen our understanding of crucial aspects of the contemporary EU–United States procurement relationship. To this end, the article explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.
{"title":"TTIP Negotiations and Public Procurement: Internal Federalist Tensions and External Risks of Marginalisation","authors":"M. Corvaglia","doi":"10.1163/22119000-12340094","DOIUrl":"https://doi.org/10.1163/22119000-12340094","url":null,"abstract":"Government procurement is perhaps one of the most underexplored areas in the recent academic literature on transatlantic economic relations, yet it was also one of the most protected economic sectors addressed in the now derailed Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the European Union (EU) and the United States have undertaken extensive reciprocal procurement commitments under the World Trade Organization’s Agreement on Government Procurement (GPA), as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This article aims to deepen our understanding of crucial aspects of the contemporary EU–United States procurement relationship. To this end, the article explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122838043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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