International Trade and Investment Law


International Trade and Investment Law

Multilateral, Regional and Bilateral Governance

9781849803199 Edward Elgar Publishing
Rafael Leal-Arcas, Professor of Law and Public Policy, King Abdullah Petroleum Studies and Research Center (KAPSARC), School of Public Policy, Riyadh, Saudi Arabia
Publication Date: July 2010 ISBN: 978 1 84980 319 9 Extent: 360 pp
This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.

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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.
Critical Acclaim
‘. . . let me conclude . . . by commending the author for a thoughtful and wide-ranging exposition of some of the major developments in the areas of international trade law and international investment law. He indeed has shown the growing complexity of each and has highlighted the ways in which law and policy come together in each. Readers will find much to debate in International Trade and Investment Law. Thanks to Dr Leal-Arcas the debate will start with a clearer understanding of the different pieces of the puzzle.’
– T.R. Posner, Transnational Dispute Management

‘. . . well researched and well written. . . excellent and should be made mandatory reading material for the relevant courses of EU external trade and investment law and policy. But also, relevant policymakers – in the Member States, as well as in the various EU institutions – could learn a lot and draw inspiration from them on how to deal with the difficult tasks that they are currently facing when developing the future CIEP.’
– Nikolaos Lavranos, Legal Issues of Economic Integration

‘This book comes highly recommended. . . resembling a mini-handbook, [it] provides excellent snapshots on the history of international trade and investment law and provides detailed discussions on the various levels of governance available. . . a well-researched, informative and a good compilation. . . the book is practical and would be considered a valuable resource for academics and students of international trade and investment law.’
– International Trade and Business Law Review

‘. . . a significant contribution to the literature. . . Leal Arcas’s analysis should be of interest to policy-makers and negotiators.’
– International Trade Law and Regulation

‘In International Trade and Investment Law Dr 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
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
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