Author : Andrew D. Mitchell
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368095
Total Pages : 200 pages
Book Rating : 4.97/5 ( download)
Book Synopsis Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by : Andrew D. Mitchell
Download or read book Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.