Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law. Significant inconsistencies between the fields are evident, however, in the way adjudicators have treated key elements of the test for discrimination. This book surveys and criticizes the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred.

Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State ...

The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensif...

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a ...

This work is an assessment of how to manage risk in property transactions in the context of the move from paper-based to electronic conveyancing (eConveyancing). In particular the focus is on risks that impact on title registration, and the security, protection or lack thereof that this registration offers to land owners, third parties and property claimants. The impact is the extent to which a change in the transactional process may unintentionally affect risk (being the consequence of ch...

In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of ...

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains ...

During the global economic crisis of 2008, countries around the world used national policy spaces to respond to the crisis in ways that shed new light on the possibilities for linkages between international trade and human rights. This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance. It brings together a wide-ranging group of leading experts in international law, trade, human rights, political economy, international relation...

An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book pr...

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between w...

The increasingly risky environment in which companies operate is characterized by a rising number of risk components, factors, sources, and drivers. The identification, evaluation, and management of these risks require the capability to coordinate various skills within a company and in upstream and downstream relationships. This handbook provides an integrated approach to the assessment, transfer, and communication of critical risks and highlights emerging methodologies that can help to pr...

The Seven Years War (1756-1763) was the first global conflict and became the key factor in creating the British Empire. This book looks at Britain's maritime strategic, operational and tactical success (and failures), through a wide-ranging history of the Royal Navy's role in the war. By the end of the war in 1763 Britain was by no means a hegemonic power, but it was the only state capable of sustained global power projection on a global scale. Key to Britain's success was political and st...