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Engagement Between Trade and Investment

The Role of PTIAs

  • Book
  • © 2021

Overview

Authors:
  1. Niall Moran

    1. Dublin, Ireland

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  • Gives the reader a greater understanding of the complex relationship between trade and investment law
  • Examines an understudied phenomenon, i.e. the role of PTIAs in engagement between the trade and investment law regimes
  • Deals with the very topical question of the future direction for engagement between the trade and investment regime

Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 18)

Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xi
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  2. Introduction

    • Niall Moran
    Pages 1-48

  3. Empirical Study

    1. Front Matter

      Pages 49-49
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    2. An Empirical Analysis of Levels of Engagement in PTIAs and BITs

      • Niall Moran
      Pages 51-86

  4. Substantive Provisions

    1. Front Matter

      Pages 87-87
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    2. Nondiscrimination Provisions

      • Niall Moran
      Pages 89-150

  5. Host State Flexibilities

    1. Front Matter

      Pages 151-151
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    2. Treaty Exceptions

      • Niall Moran
      Pages 153-201

    3. Preambles and the Right to Regulate

      • Niall Moran
      Pages 203-229

  6. Procedural Provisions

    1. Front Matter

      Pages 231-231
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    2. Appellate Mechanisms

      • Niall Moran
      Pages 233-266

    3. Amicus Curiae Briefs

      • Niall Moran
      Pages 267-284

    4. Conclusion

      • Niall Moran
      Pages 285-287

  7. Back Matter

    Pages 289-295
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Keywords

About this book

This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book’s empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes.

This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present. 

Authors and Affiliations

  • Dublin, Ireland

    Niall Moran

About the author

Niall Moran B.Corp (Int.), LL.B., LL.M., Ph.D. is an Assistant Professor in Economic Law at Dublin City University, having previously taught at Middlesex University and Université Toulouse 1 Capitole. He holds a PhD in International Economic Law from Bocconi University. Previously, he has been a Research Associate for Pluricourts at the University of Oslo and a Visiting Researcher at the Université Libre de Bruxelles. Niall has worked for the Legal Service of the Council of the European Union. He has also worked on trade negotiations while at the European Commission’s Bilateral Relations with the Americas Unit, DG AGRI.


Bibliographic Information

  • Book Title: Engagement Between Trade and Investment

  • Book Subtitle: The Role of PTIAs

  • Authors: Niall Moran

  • Series Title: European Yearbook of International Economic Law

  • DOI: https://doi.org/10.1007/978-3-030-83259-9

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-83258-2Published: 04 January 2022

  • Softcover ISBN: 978-3-030-83261-2Published: 05 January 2023

  • eBook ISBN: 978-3-030-83259-9Published: 03 January 2022

  • Series ISSN: 2364-8392

  • Series E-ISSN: 2364-8406

  • Edition Number: 1

  • Number of Pages: XI, 295

  • Number of Illustrations: 3 illustrations in colour

  • Topics: International Economic Law, Trade Law, Dispute Resolution, Mediation, Arbitration

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