Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
- ISBN-10
- 1785368095
- ISBN-13
- 9781785368097
- Category
- Business & Economics
- Pages
- 200
- Language
- English
- Published
- 2016-12-30
- Publisher
- Edward Elgar Publishing
- Authors
- Andrew D. Mitchell, Caroline Henckels, David Heaton
Description
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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