Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 192
Release :
ISBN-10 : 9781785368097
ISBN-13 : 1785368095
Rating : 4/5 (97 Downloads)

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 192 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.


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