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Principles of International Trade and Investment Law

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Principles of International Trade and Investment Law

9781788973663 Edward Elgar Publishing
Andrew D. Mitchell, Professor, Faculty of Law, Monash University and Elizabeth Sheargold, Vice-Chancellor's Postdoctoral Research Fellow, Faculty of Business and Law, University of Wollongong, Australia
Publication Date: September 2021 ISBN: 978 1 78897 366 3 Extent: 272 pp
This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

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This carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
 
Contributing to a growing and important body of scholarship, Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts, such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law. 

Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.
Critical Acclaim
‘Principles of International Trade and Investment Law is an impressive tour de force combining in-depth theoretical analysis and crucial information for practitioners, students and teachers alike. The study of the selected principles (procedural fairness, reasonableness, necessity and non-discrimination) offers rich opportunities for intellectual cross-fertilization between the fields of international trade and investment law.’
– Maxi Scherer, Professor of Law, Queen Mary University of London and WilmerHale, London, UK

‘In this thorough and illuminating study Andrew D. Mitchell and Elizabeth Sheargold explore the role that principles play in international trade and investment law. They show us how the principles of due process and reasonableness have a central place in international economic law, and the treaty rules on non-discrimination and necessity are underpinned by broader principles of non-discrimination and necessity. This is a rich and insightful analysis of the little-explored interaction of rules and principles in international trade and investment law.’
– Donald McRae, University of Ottawa, Canada

‘While many textbooks exist on cross-fertilisation between international trade law and international investment law, here the authors present a comparative analysis of key principles on an unprecedented scale. This book focuses on two increasingly important sectors of government regulation: management of cross-border data transfers and the protection of financial systems. This work provides an essential contribution to address contemporary trade and investment challenges and a most valuable tool for academics, practitioners and officials.’
– Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTO
Contents
Contents: 1. Introduction: Principles as a framework for comparative analysis in international economic law PART I ANALYSIS OF SELECTED PRINCIPLES 2. Procedural fairness 3. Reasonableness 4. Necessity testing 5. Non-discrimination PART II APPLICATIONS OF PRINCIPLES IN
SPECIFIC SECTORS 6. Restrictions on cross-border data transfers 7. Prudential regulation 8. Conclusions: Principles as a source of flexibility and
cohesiveness in international economic law Bibliography Index
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