Titlebook: Judging the State in International Trade and Investment Law; Sovereignty Modern, Le?la Choukroune Book 2016 Springer Nature Singapore Pte

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Introduction,ed by the forces of mega-regionalism as well as political and economic contestation, these essential interrogations have never been more pressing. Whether by a permanent court or an ad hoc body, the questioning of judging the State for breaches of its treaty obligations however remains at the core o

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Judging the Judges or Judging the Members?s in the appointment and reappointment process, and the growing tendency of Members to appoint political as opposed to legal experts, are damaging the Appellate Body as an institution. Instead of choosing Appellate Body Members with strong legal backgrounds, Members are demonstrating a preference fo

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WTO, State and Legal Capacity Buildingin encouraging the building of trade-related legal capacity. The chapter examines the features of the unique trade-related capacity model chosen by India and how it differs from the alternate models established by other major developing countries that have an active profile in WTO dispute settlement

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Investor-State Arbitration Distortedvestment (FDI) coming from emerging economies is executed by State-Owned Enterprises (SOEs) and Sovereign Wealth Funds (SWFs) both typical contemporary forms of State Controlled Entities (SCEs). Such trend that has been further reinforced since 2008/2009 and SCE’s investment activism has reflected i

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Claims and Counterclaims Under Asian Multilateral Investment Treaties at both the bilateral and multilateral level to attract, protect and safeguard foreign investment. And yet, some Asian States have felt the need to reform or terminate their IIAs . because of their disenchantment with investment arbitration. The perception that the State must be a “perpetual respon

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Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law answer if the ITA tribunals, while judging if a host State’s regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? The significance of the inquiry lies in understanding suitability of this doctrine as a benchm

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Human Rights in International Investment Disputeshas largely been fuelled by political and economic interests rather than convincing legal arguments. Interestingly indeed, the apparent contradiction between norms could be easily resolved if a political and economic will to read the law from a holistic perspective making use of its many flexibiliti

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