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This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal...
Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly...
Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade...
The expansion of cross-border power transmission infrastructures and the regional integration of electricity markets are accelerating on several continents.The internationalization of trade in electric energy is embedded in an even greater transformation:...
International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as...
This book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June 2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move...
This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate...
Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their...
This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60...
This open access book examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global...
Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights,...
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of...
This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing...
Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade...
This book assesses Afghanistan’s transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members’ regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from...
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that...
This book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy. Based on this, it ascertains whether the way in which legal institutions are designed –...
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the...
This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute...
This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a...
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