Showing 1 - 10 of 16
Discusses Canada's failure to include its provincial governments in its commitments to the WTO Agreement on Government Procurement. Canada is one of the only developed states that has not opened government contracts to international competition. This may be linked to a strong sense of...
Persistent link: https://www.econbiz.de/10014197946
This article applies social entropy theory to the field of international trade law, suggesting that the observed degradation of the world trading system towards disorder is the consequence of insufficient 'energy' inputs in the form of effective, centralized legal and focused institutional...
Persistent link: https://www.econbiz.de/10014164065
This article offers chaos, a theory drawn from the physical sciences, as an explanatory model for international economic law which consists of the law of the WTO, international investment law, and the policies of the IMF and World Bank. The laws promulgated by these institutions as the central...
Persistent link: https://www.econbiz.de/10013005846
This article considers the application of the general exceptions of the WTO GATT and GATS to investment arbitration under international investment treaties. It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its sophisticated and established...
Persistent link: https://www.econbiz.de/10013006001
This article examines Canada's commitments under the procurement chapter of the Comprehensive Economic and Trade Agreement (CETA) currently awaiting ratification by Canada and the European Union (EU). While the CETA's procurement rules are substantively and procedurally similar to those of the...
Persistent link: https://www.econbiz.de/10013027648
This article considers the possibility that digital assets of foreign investors such as websites and computer systems could be protected by the full protection and security (‘FPS') standard common to many bilateral investment treaties. Such assets can properly be described as investments and...
Persistent link: https://www.econbiz.de/10013038596
This article explores the recent changes to Canada's sub-central government procurement commitments under the World Trade Organization (‘WTO') Agreement on Government Procurement (‘GPA'). As a result of bilateral negotiations between Canada and the US, Canada has finally committed all ten of...
Persistent link: https://www.econbiz.de/10013141873
Article XXb of the General Agreement on Tariffs and Trade (GATT) and the Sanitary and Phytosanitary (SPS) Agreement prohibit health safety measures which are unreasonable restrictions on trade, which WTO case law has shown to mean not based upon sound scientific principles or international...
Persistent link: https://www.econbiz.de/10013147839
This article considers the national treatment standard in international investment agreements as implemented by emerging market countries. It briefly explains the nature and purpose of the standard and how it has been examined by international investment tribunals. Specific examples of national...
Persistent link: https://www.econbiz.de/10013088260
This paper examines how environmental guidelines in international investment law instruments implement public participation as a means of assessing the environmental risk in an investment project. The paper first explores international development banks, including the World Bank group and...
Persistent link: https://www.econbiz.de/10013070226