Federico Ortino - Böcker

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

International rules on trade in goods are at the core of the multilateral trading system and have been influential in all areas of trade law. The essays in this collection represent the very best academic writing from six decades of international trade law and policy. They range from seminal analyses of the core non-discrimination principles to explorations of areas that are still evolving, such as rules on trade remedies, regional trade agreements and developing countries. Alongside analytical pieces, the editors have included a number of essays with a comparative, institutional, political or economic perspective with an introduction offering their own perspective on these themes. This volume is an essential guide to the legal complexities, controversies and policy implications of the field.

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus – representative pairs of ‘divided nations’, broadly defined – the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides.The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous.This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Geographical Indications (GIs), widely used in the European context, are being promoted as vehicles for local development: but do they truly serve the interests of the Global South? Can they foster meaningful change in former colonial societies? This open access book interrogates these questions through a critical legal lens grounded in Third World Approaches to International Law (TWAIL), to assess whether GIs—codified in international trade agreements like the EU-CARIFORUM Economic Partnership Agreement—can support ‘development from within’ for the small island developing states of the Caribbean.Providing a fresh perspective on the colonial roots, current utility, and future potential of GI laws, the book engages with Caribbean realities and includes global case studies from Demerara rum in Guyana, Ethiopian coffee, Indian Darjeeling tea, Colombian coffee, Mexican Tequila, and Barbados Rum.In a world shaped by international trade rules, GIs and Sustainable Development offer a powerful lens into how the law of origin-linked products—like Champagne, Tequila, and Jamaican Rum—can shape futures for postcolonial states.Geographical Indications in International Trade is essential reading for academics, policymakers, legal practitioners, and development professionals seeking to understand the tensions between intellectual property law and sustainable development. It challenges readers to rethink international trade rules and consider how GI law can be reclaimed by third-world nations as a transformative tool for heritage-based, sustainable economic development.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

This book fills the urgent need for a comprehensive understanding of the law, institutions, and processes shaping international economic dispute settlement within and beyond Africa.African economies are becoming increasingly central in global trade networks. Understanding the continent’s dispute resolution mechanisms is more crucial now than ever. The book systematically analyses the existing sub-regional courts and arbitral tribunals, as well as their roles. It achieves this by focusing on Africa's leading socio-legal actors involved in economic dispute settlement, including African States, transnational corporations, African international law scholars, international organisations, and African emerging transnational actors in arbitration. These 5 pillars create an ecology of socio-legal actors, interacting and intersecting to generate a complex social, political, historical, and legal variation matrix for understanding African international economic dispute settlement.The book covers the 2 main international economic dispute settlement divisions: international court litigation and international public and private arbitration. It also carefully analyses sub-regional international economic courts and international public and private arbitrations in Africa through a Third World Approaches to International Law (TWAIL) lens and socio-legal actors methodology.International Economic Dispute Settlement in Africa provides invaluable insights for legal professionals, policymakers, researchers, and business leaders navigating the complexities of African dispute resolution.Winner of the 2024 SIEL–Hart Prize in International Economic Law.

The interpretation and application of the rules of international and regional trade is becoming an increasingly specialised field. This study provides an in-depth analysis of the core legal concepts characterising the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method,it analyses the basic legal instruments employed by the EU and the WTO for the purpose of liberalising trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.