scholarly journals Theoretical views on formation of international investment law

Author(s):  
Malik Ramazanzade

Goal: research of various theoretical views and approaches to the formation of international investment law.Methods of research: analysis and study of research papers and literature containing views and discussion on the formation ofinternational investment law.Results: It is the formation and development of special methods of international legal and national legal regulation of foreigninvestments that led to the formation of independent international investment law as a branch of international economic law. Theabsence of generally applicable sources of international law in the field of legal regulation of foreign investment negatively impactsdevelopment of the studied relations. Due to their special position in the system of international economic cooperation, internationalinvestment relations are an independent subject of legal regulation. The expansion and deepening of international investment relations,the existence of ever-growing international investment flows play a leading role in the globalization of the world economy which is themost important factor in the modern social development of individual countries and the world community as a whole. Methods of legalregulation of foreign investment have their own specifics.Discussion: offering a comprehensive and detailed study and research of the matter in various research institutions.

Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams

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.


2018 ◽  
Vol 18 (1) ◽  
pp. 45
Author(s):  
Tania Voon ◽  
Hope Nadine Johnson

Building on the companion piece by Christine Parker and Hope Johnson on international instruments supporting holistic dietary guidelines, this article examines potential concerns raised by such guidelines under international trade law and international investment law. Drawing lessons from the World Health Organization Framework Convention on Tobacco Control (‘WHO FCTC’) and its relevance to recent disputes in international economic law, this article examines the role of international instruments in supporting domestic dietary guidelines that could be challenged in the dispute settlement system of the World Trade Organization (‘WTO’) or under investor-state dispute settlement. The article includes an assessment of the potential impact of international economic laws on holistic dietary guidelines and related regulatory interventions, as well as a discussion of how a WHO treaty on healthy and sustainable diets could influence the interpretation and application of key trade and investment provisions. The article concludes that holistic dietary guidelines can be implemented in a manner consistent with international economic law, at least if local products are not prioritised.


2019 ◽  
pp. 525-550
Author(s):  
Gleider Hernández

This concluding chapter discusses international economic law. When discussing ‘international economic law’ one is addressing the international regimes that regulate international trade, investment, and economic development. The multilateral and bilateral treaties in these areas have become the focal point for the global economy today. International economic law developed rapidly since the end of the Second World War, when the 1944 Bretton Woods Accords established the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (the World Bank), placing financial institutions at the heart of the post-war settlement. Meanwhile, the law on international trade grew around the General Agreement on Trade and Tariffs (GATT), but today centres on the World Trade Organization in Geneva. International investment law has no equivalent overarching institution, but rather exists as a dense web of bilateral investment treaties (BITs) which have emerged in the last three decades.


2018 ◽  
Vol 112 ◽  
pp. 61-62 ◽  
Author(s):  
Julian Arato

The principle of non-discrimination lies at the core of international economic law (IEL). The norm is classically instantiated across IEL in two recurrent principles: national treatment (NT); and most favored nation (MFN). NT prohibits vertical discrimination—where a state affords preferable treatment to its own nationals as compared to foreigners. MFN prohibits horizontal discrimination—where a state treats nationals from one foreign state better (or worse) than nationals from another. These principles are foundational in IEL, and thus both well-known and well-considered. Indeed, until recently, the questions of the day across IEL concerned to what extent international trade and international investment law have moved beyond the non-discrimination paradigm. Yet, we see a renewed and growing importance in these classical norms in the practice of IEL over the past few years—in both treaty-making and dispute resolution. The purpose of this roundtable is to discuss non-discrimination's renewed centrality across IEL, and the extent to which the scope and contours of NT and MFN may be in flux across its varied regimes.


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