Protecting investment in services : investor-state arbitration versus WTO dispute settlement / Martin Molinuevo.

Format:

Book

Author/Creator:

Molinuevo, Martín, author.

Series:

Global trade law series Protecting investment in services

Language:

English

Subjects (All):

World Trade Organization--Rules and practice.

World Trade Organization.

Physical Description:

1 online resource (xvi, 311 pages) : illustrations

Place of Publication:

Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2012]

Language Note:

English

Summary:

This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments' policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.

Contents:

Dispute settlement in international economic law

Access to dispute settlement procedures

Admission and establishment

Post-establishment MFN and NT obligations

Minimum standards of treatment

Expropriation

Legal remedies in international economic disputes

Means of enforcement in international economic fora.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on print version record.

ISBN:

90-411-4292-4