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The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF). The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty

The law of foreign investment is at a crossroads. In the wake of an unprecedented global financial crisis and a sharp surge of investment arbitration cases, states around the world are reflecting on the pros and cons of the current liberal investment regime and exploring new ways ahead. This book brings together leading investment lawyers from more than 20 main jurisdictions of the world to tackle the challenge of producing a first comparative study of foreign investment law. Based on the General and National Reports presented at the 'Protection of Foreign Investment' Session at the 18th International Congress of the International Academy of Comparative Law (Washington DC, July 2010), the book is a unique resource for investment lawyers. Part I of the book presents a comparative overview of key aspects of foreign investment protection in the world today, including admission, investment contracts, treatment standards, tax regime and incentives, performance requirement, property and expropriation, monetary transfer and dispute settlement. Part II presents in-depth and detailed accounts of the investment laws of more than 20 jurisdictions, including Argentina, Australia, Canada, China, Croatia, Czech Republic, Ethiopia, France, Germany, Greece, Italy, Japan, South Korea, Macau, Peru, Portugal, Russia, Singapore, Slovenia, Turkey, the UK and the USA. The book will be an invaluable guide to legal and business communities with an interest in the law and practice of foreign investment in the world in general and in these jurisdictions in particular.

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. This book analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of chapters by leading thinkers, originating from the International Investment Conference “What's New in International Investment Law and Policy?”.

Events like the Multilateral Investment Guarantee Agency (MIGA), Georgetown symposium demonstrate that there is much to be learned through the sharing of experiences and thinking together about the critical issues that confront our industry as well as new products and ideas. MIGA opened a new Asian hub in Singapore with underwriters in Hong Kong SAR, China and business development staff in Beijing and Tokyo. This hub aims to capitalize on Asian emerging as a new center of outbound investment growth. We have seen a growing base of investors in China as well as other Asian countries looking to go into the challenging market. MIGA also opened a business development office in Paris, which will focus on new business opportunities in Europe as well as the Middle East and North Africa. We view both of these hubs as providing an excellent opportunity for MIGA to support the economic growth of low-income countries through providing the support to South-South investments. Providing political risk insurance (PRI) for outbound investment from the rich and other middle-income countries has become more important as the level of Foreign Direct Investment (FDI) growth from these countries has increased.

The Belt and Road Initiative and the Law of the Sea offers insightful discussions on the use of oceans in the context of the Belt and Road Initiative covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea.

This article discusses web-based sources of interest to scholars and practitioners in the area of international investment law and dispute resolution.

What can trade regulation contribute towards ameliorating the GHG emissions and reducing their concentrations in the atmosphere? This collection of essays analyses options for climate-change mitigation through the lens of the trade lawyer. By examining international law, and in particular the relevant WTO agreements, the authors address the areas of potential conflict between international trade law and international law on climate mitigation and, where possible, suggest ways to strengthen mutual supportiveness between the two regimes. They do so taking into account the drivers of human-induced climate change in energy markets and of consumption.

This article examines China's relations with the Gulf Cooperation Council states. China's interests in the Gulf region have been evolving; and in the 21^(st) century they cover geopolitical interests, economic and trade interests, energy security interests, and nontraditional security interests. China's approach is multilevel: it maintains diplomatic relations with individual GCC states; it has initiated formal mechanisms of regular regional forums; it engages in people-to-people diplomacy through student exchanges and the setting up of Confucius Institutes in various GCC states; it maintains dialogues with other major powers; and it participates in important multilateral conferences on regional affairs. This article assesses China's performance in this multilevel diplomacy that demands close coordination between the various levels of foreign policy making and policy implementation, and the maintenance of a delicate balance in the complex major power competition and regional rivalries in a divided Arab world. In line with China's Arab-world experts who often examine the strategic configuration in the Gulf region within a framework of five periods, China's Gulf policy is analyzed in the following stages: (1) 1958-1967, (2) 1967-1971, (3) 1971-1979, (4) 1979-1990, (5) 1990-2001, and (6) 2001-present. Major emphasis is placed on developments in recent years.