BIT Protections and Economic Crises: Limits to Their Coverage, the Impact of Multilateral Financial Regulation and the Defence of Necessity

Sacerdoti, Giorgio

doi:10.1093/icsidreview/sit011

Cited by 10 publications

(4 citation statements)

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“…87 The national security exception, which allows states to prohibit certain investments from government-controlled bodies, could also be invoked repeatedly and hence hinder free trade. 88 A close proximity between the governments and the private sector would also expose investments and related decisions to fraud, corruption, and abuse of power. Therefore, state capitalism poses unprecedented challenges in international investment arbitration.…”

Section: International Investment Law and State Capitalismmentioning

confidence: 99%

Domestic Investment Laws and State Capitalism

Qian

2023

World Trade Review

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State capitalism and the liberal economic order have had an antagonistic relationship. While the international economic law rules have sought to reduce the role of the state in the economy, state-controlled entities have more recently increased in size and importance – both domestically, as well as internationally. In this connection, the article analyses the effects of state capitalism's expansion simultaneously with the domestic investment law of States. The article analyses the underlying principles of state capitalism in an effort to answer the question of whether domestic laws promoting investment – as defined in the special issue – are positive, negative, or neutral to state capitalists. The article further interprets the trends spawned by the propagation of the liberal international economic order as states realize their development targets and envisage to actively contribute to the regulation of international trade and cross-border transactions globally.

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Section: International Investment Law and State Capitalismmentioning

confidence: 99%

Domestic Investment Laws and State Capitalism

Qian

2023

World Trade Review

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“…The panel was never established. 316 Peng also claims that in China -Raw Materials (2012) and China -Rare Earths (2014) China considered, but eventually decided against, invoking the security exceptions. 317 Since 2016, however, invocations of Security Exception defenses have proliferated.…”

Section: Wto Eramentioning

confidence: 99%

“…The Chair also informed the DSB that its decision was with effect from 15 January 2021, and recalled that the authority of the panel would lapse after 12 months of the suspension of its work. 320 Between April and July 2018, nine Members (China, India, Canada, the EU, Mexico, Norway, Russia, Switzerland and Turkey) brought the US before the WTO complaining that the imposition by the US of duties of 25% on imports of steel and 10% on imports of aluminum products, respectively, are inconsistent with 316 Peng, ibid. 317 Ibid.…”

Section: Wto Eramentioning

confidence: 99%

“…315 The third view, deriving its inspiration from the reading of Article XI of the US-Argentina BIT by the ICSID tribunal in Continental Casualty (as we shall see in further detail in section 6.4.4(a) (iii) below), believes that through the many FCN treaties, necessity defense in BITs is closely linked to the necessity defense in the GATT 1994 and the GATS. 316 The fourth view maintains that necessity in BITs is, and has been designed to be, independent from any one of the other defenses (including concept of necessity in CIL) and must be interpreted within its own limits. 317 But how has the necessity defense in BITs been interpreted in practice?…”

Section: Link Between the Necessity And Other Defenses In Bitsmentioning

confidence: 99%

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The concept of necessity in WTO law

Andemariam¹

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Treaty Exceptions

Moran¹

2021

European Yearbook of International Economic Law

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BIT Protections and Economic Crises: Limits to Their Coverage, the Impact of Multilateral Financial Regulation and the Defence of Necessity

Cited by 10 publications

References 0 publications

Domestic Investment Laws and State Capitalism

Domestic Investment Laws and State Capitalism

The concept of necessity in WTO law

Treaty Exceptions

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