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"This open access book explains why Hong Kong adopts a triangular approach (combining unilateralism, bilateralism, and multilateralism) in its external trade and investment relations, describing how it applies the methods necessary to manage the triple-track strategy, and identifying the legal, political, and economic implications of this approach. The book explores the evolving role of Hong Kong in contemporary regional and global affairs and makes recommendations on how Hong Kong can improve its effectiveness in securing its regional policy goals"--
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.
Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpr...
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and schol...
International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
How do we prevent the next pandemic? Will governments successfully tackle climate change? Will they find ways to close the gap between the haves and have-nots and to eliminate poverty? Which solution – democratic or authoritarian – will determine the global governance of a f lawed nation-state system? This unique contribution to global studies advances a multidisciplinary theory that the governments of all human societies are the tenuous outcome of the competing solutions to the Imperatives of Order, Welfare, and Legitimacy (OWL). The OWL paradigm provides a common framework to evaluate the contrasting responses of the liberal democratic, Chinese, and Russian solutions to global governan...
Introduction / Julien Chaisse and Jedrzej Gorski -- One belt one road ("OBOR") roadmaps : the legal and policy frameworks / Donald J. Lewis and Diana Moise -- The political economy of OBOR and the global economic center of gravity / Usman W. Chohan -- The OBOR global geopolitical drive : the Chinese access security strategy / Francisco Jose Leandro -- It is not the end of history : the financing institutions of the belt and road initiative and the Bretton Woods system / Maria Adele Carrai -- Northern sea route : an alternative transport corridor within China's belt and road initiative / Vasilii Erokhin and Gao Tianming -- The effect of the "belt and road initiative" on along countries' emplo...