scholarly journals STANDARDS OF NON-DISCRIMINATION IN INTERNATIONAL ECONOMIC LAW

2011 ◽  
Vol 60 (4) ◽  
pp. 831-865 ◽  
Author(s):  
Nicolas F Diebold
Keyword(s):  
International Economic ◽  
Intellectual Property ◽  
Eu Law ◽  
Investment Protection ◽  
Goods And Services ◽  
Economic Law ◽  
International Economic Law ◽  
Regulatory Purpose ◽  
Discrimination Rules ◽  
Coherent Factor

AbstractThe principle of non-discrimination constitutes a corner-stone in different fields of international economic law, notably international trade in goods and services as well as intellectual property and investment protection. While its basic rationale appears to be straightforward, the application of the different legal elements which constitute a non-discrimination obligation has proven to be most challenging. Adjudicating bodies have been applying different interpretations and standards with regard to the legal elements of ‘less favourable treatment’, ‘likeness’ and ‘regulatory purpose’, which leads to a high fragmentation of the non-discrimination principle in international economic law. This article maps out the different theories for each of these elements on the examples of WTO law, NAFTA, bilateral investment treaties (BIT) and EU law and analyses how these theories affect the scope and liberalizing effect of the non-discrimination obligation. The article then attempts to develop a coherent factor-based application of non-discrimination rules suitable for all fields of international economic law. The article submits the theory that the elements of non-discrimination should not be applied as strict legal conditions which must be proven by a complainant, but as a range of factors which are weighed and balanced by the adjudicating bodies.

13. International Economic Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Economic Law ◽  
The World

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.

scholarly journals International Economic Law by Andreas Lowenfeld (New York: Oxford University Press, 2003) 824 Pages (Softcover). Price US$45.00. ISBN: 0 199264112

2004 ◽  
Vol 9 (2) ◽  
pp. 795-801
Author(s):  
Elliot Friedman
Keyword(s):  
International Economic ◽  
New York ◽  
Intellectual Property ◽  
New York University ◽  
Oxford University ◽  
Economic Law ◽  
International Economic Law ◽  
Phytosanitary Measures ◽  
Oxford University Press

Andreas Lowenfeld, Herbert and Rose Rubin Professor of International Economic Law at New York University School of Law, notes in the acknowledgement page to International Economic Law that the editors of Oxford University Press approached him to write a ‘treatise on International Economic Law’.1 This statement is slightly misleading. Although Lowenfeld addresses a great number of areas coming under the general umbrella of international economic law, his work is not an exhaustive treatment of the entire subject. As he notes in the introduction, ‘the book is designed not primarily as a work of reference but rather as an integrated whole.’2 Indeed, it is doubtful whether any one author possesses the necessary expertise to deal comprehensively with the entire corpus of international economic law, regulating as it does areas as broad-ranging as, for example, goods, intellectual property, sanitary and phytosanitary measures, antidumping and investment.3

scholarly journals Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009

2011 ◽  
Vol 10 (1) ◽  
pp. 63-86
Author(s):  
KAMAL SAGGI ◽  
JOEL P. TRACHTMAN
Keyword(s):  
International Economic ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
List Type ◽  
Type Number ◽  
Economic Law ◽  
International Economic Law ◽  
The Relationship ◽  
Copyright Piracy

AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.

The Legal Personality of Individuals in International Economic Law

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Economic ◽  
International Investment ◽  
Eu Law ◽  
Legal Personality ◽  
International Investment Law ◽  
Economic Law ◽  
Trade Law ◽  
International Economic Law ◽  
The Individual ◽  
International Legal Personality

Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.

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