Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
Nonfiction, Reference & Language, Law, Commercial
| Author: | Andrew D. Mitchell, David Heaton, Caroline Henckels | ISBN: | 9781785368097 |
| Publisher: | Edward Elgar Publishing | Publication: | December 30, 2016 |
| Imprint: | Language: | English |
| Author: | Andrew D. Mitchell, David Heaton, Caroline Henckels |
| ISBN: | 9781785368097 |
| Publisher: | Edward Elgar Publishing |
| Publication: | December 30, 2016 |
| Imprint: | |
| Language: | English |
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.
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.
