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ISBN:9780857936271

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简介

'In International Trade and Investment LawDr Rafael Leal-Arcas succinctly describes and evaluates the linkages and tensions among three governance levels in the global political economy, the multilateral, the regional and the bilateral. He synthesises trade and investment law in a single text, exploring the continuities and discontinuities between the two. He discusses relevant historical, theoretical and policy issues, and the text moves easily between economic and legal analysis. Dr Leal-Arcas has provided a highly informative and stimulating text which will serve a wide audience for years to come.' --Laurence Boulle, University of the Witwatersrand, Johannesburg, South Africa 'This comprehensive treatment of international trade and investment law, covering various regulatory and legal levels, convinces by outlining approaches to overcome the existing fragmentation of the legal framework. Advocating for a move towards extended multilaterism and improved dispute settlements mechanisms also allows to combat the past cyclicality of the rule- and decision-making processes.' ---Rolf H. Weber, University of Zurich, Switzerland This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements. Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction - regional versus global - for the settlement of disputes. This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important. Contents:1. Introduction: International Law is Fragmented and Cyclical; Part I: International Trade Law and Policy; 2. Unilateralism; 3. The Rise and Fall of Multilateralism; 4. The Rise of Bilateralism/Regionalism; 5. The EU's Relationship with Brazil and India; 6. The EU's Relationship with China; 7. The EU's Relationship with Russia; Part II: International Investment Law and Policy; 8. Preliminary Remarks on Foreign Direct Investment; 9. History of Foreign Direct Investment Regulation; 10. Current Regulatory Regimes; 11. Why is there a Need for a Multilateral Investment Treaty?; 12. How to Design a Multilateral Framework for Investment; Part III: Choice of Jurisdiction for the Settlement of Trade Disputes; 13. An Overview of the WTO and the NAFTA; 14. Comparison between the WTO and NAFTA; Epilogue and Recommendations to Part 3; Bibliography; Index

目录

Table Of Contents:

1 Introduction: International Law is Fragmented and Cyclical 1(14)

1 Thesis of the Book 1(1)

2 Link between International Trade and Investment Law 2(3)

3 Structure and Overview of the Book 5(10)

PART 1 INTERNATIONAL TRADE LAW AND POLICY

I Prologue 15(8)

II General Remarks 23(7)

2 Unilateralism 30(9)

1 The Concept 30(2)

2 The EU's Unilateralism 32(7)

3 The Rise and Fall of Multilateralism 39(30)

1 A Conceptual Debate 39(4)

2 The EU vis-a-vis the BRIC Countries in Multilateralism 43(10)

3 Quo Vadis, Multilateralism? 53(5)

4 Is Multilateralism the Panacea? 58(5)

5 A Note on Plurilateralism 63(6)

4 The Rise of Bilateralism/Regionalism 69(18)

1 Concept and Context 69(3)

2 Regional Integration 72(3)

3 Advantages and Disadvantages of FTAs 75(12)

5 The EU's Relationship with Brazil and India 87(16)

1 Brazil 87(4)

2 India 91(12)

6 The EU's Relationship with China 103(26)

1 China's Attitude Toward Multilateral Trade 108(10)

2 A New Bilateral Agreement in the Making 118(3)

3 Current Trade Difficulties 121(5)

4 Possible Ways to Improve EU-China Trade Relations 126(3)

7 The EU's Relationship with Russia 129(34)

1 The Partnership and Cooperation Agreement 130(4)

2 Possible Ways to Improve EU-Russia Trade Relations 134(6)

3 Importance for the EU to Diversify its Energy Supply Sources 140(8)

4 Future of the Energy Charter Treaty 148(15)

Conclusion to Part 1 157(6)

PART 2 INTERNATIONAL INVESTMENT LAW AND POLICY

1 Introduction 163(3)

8 Preliminary Remarks on Foreign Direct Investment 166(14)

1 Definition of Foreign Direct Investment 166(2)

2 Strong Rise in Foreign Direct Investment 168(1)

3 Forms of Foreign Direct Investment 168(2)

4 Economic Analysis of Foreign Direct Investment 170(7)

5 Political Economy of Foreign Direct Investment 177(1)

6 Foreign Direct Investment and Developing Countries 178(2)

9 History of Foreign Direct Investment Regulation 180(22)

1 Foreign Direct Investment as a Nationally Regulated Issue: Pre-Havana Charter 180(3)

2 First Attempt to Have a Structured Multilateral Framework: The Havana Charter 183(2)

3 Emergence of a Series of Common Standards: Codes of Conduct 185(2)

4 Bilateral Initiatives 187(3)

5 The Era of Multilateralization of Foreign Direct Investment Law 190(12)

10 Current Regulatory Regimes 202(46)

1 Customary International Law 203(1)

2 Soft Law 204(1)

3 Bilateralism 205(14)

4 Regionalism 219(17)

5 Multilateralism 236(12)

11 Why is there a Need for a Multilateral Investment Treaty? 248(7)

1 Practical and Structural Reasons for an MFI 248(3)

2 Need for Coherence 251(4)

12 How to Design a Multilateral Framework for Investment 255(14)

1 Input from BITs into a Potential Multilateral Framework for Investment 257(1)

2 The WTO as a Potential International Organization to Create an MFI 258(4)

3 Policy Considerations 262(7)

Conclusion to Part 2 264(5)

PART 3 CHOICE OF JURISDICTION FOR THE SETTLEMENT OF TRADE DISPUTES

I Introduction 269(4)

13 An Overview of the WTO and the NAFTA 273(23)

1 Background 273(6)

2 Institutional Scene 279(10)

3 Diagnosis 289(7)

14 Comparison between the WTO and NAFTA 296(16)

1 WTO 296(7)

2 NAFTA Chapter 20 303(9)

Epilogue and Recommendations to Part 3 307(5)
Bibliography: Books and Book Chapters 312(12)
Bibliography: Journal Articles and Reports 324(12)
Index 336

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