The Re-Convergence of International Trade and Investment Law: Causes, Questions, and Reform

2014 ◽  
Vol 108 ◽  
pp. 255-258 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Trade ◽  
Investment Law ◽  
Trade And Investment

scholarly journals Toward a Geoeconomic Order in International Trade and Investment

2019 ◽  
Vol 22 (4) ◽  
pp. 655-676 ◽  
Author(s):  
Anthea Roberts ◽  
Henrique Choer Moraes ◽  
Victor Ferguson
Keyword(s):  
International Trade ◽  
International Economic Order ◽  
New Order ◽  
Post Cold War ◽  
Recent Developments ◽  
Strategic Policy ◽  
Investment Law ◽  
Trade War ◽  
Trade And Investment ◽  
Global Economic Governance

Abstract Recent developments suggest that the international economic order is transitioning away from the Neoliberal Order that has flourished for much of the post-Cold War period toward a new Geoeconomic Order. The shift to this new order, which is characterized by a growing ‘securitisation of economic policy and economisation of strategic policy’, will likely see the rules, norms, and institutions of international trade and investment law undergoing significant change. We expose the differences in the underlying logic of these orders, explore how this shift is being driven by the emerging USA–China tech/trade war, and consider the consequences of this transition for global economic governance.

PERMISSION TO ACT: THE LEGAL CHARACTER OF GENERAL AND SECURITY EXCEPTIONS IN INTERNATIONAL TRADE AND INVESTMENT LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 557-584
Author(s):  
Caroline Henckels
Keyword(s):  
International Trade ◽  
Legal Systems ◽  
Regulatory Purpose ◽  
Regulatory Capacity ◽  
Investment Law ◽  
Investment Treaties ◽  
Legal Character ◽  
Trade And Investment ◽  
Practical Implications

AbstractThe dyadic rule–exception structure common to many legal systems has posed particular interpretive difficulties in international trade and investment law. Adjudicators have interpreted general and security exceptions in GATT, GATS and cognate provisions of investment treaties in divergent ways, and the analytic character of these provisions is under-theorised in the literature. This article argues that we should understand exceptions from a deontological perspective as permissions that affirm governmental regulatory capacity and thus limit the scope of the commands set out in the treaty. This characterisation of exceptions has both symbolic and practical implications, of which this article discusses two: determining the exception's applicability as a preliminary matter rather than as a defence, which would in turn permit consideration of regulatory purpose at the point of obligation; and whether the applicability of an exception is properly a question of merits or jurisdiction.

Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules

2017 ◽  
Vol 17 (1) ◽  
pp. 33-63 ◽  
Author(s):  
TANIA VOON
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Investment ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Investment Law ◽  
The United Nations ◽  
Trade And Investment

AbstractPessimism abounds in international economic law. The World Trade Organization (WTO) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO's current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.

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