Non-discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
Author | : Andrew D. Mitchell |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
ISBN-10 | : 1785368109 |
ISBN-13 | : 9781785368103 |
Rating | : 4/5 (103 Downloads) |
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 . This book was released on 2016 with total page 0 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.