National Security Exceptions in International Trade and Investment Agreements : Justiciability and Standards of Review / by Sebastián Mantilla Blanco, Alexander Pehl
(SpringerBriefs in Law. ISSN:21928568)
| Publisher | (Cham : Springer International Publishing : Imprint: Springer) |
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| Year | 2020 |
| Edition | 1st ed. 2020. |
| Authors | *Mantilla Blanco, Sebastián author Pehl, Alexander author SpringerLink (Online service) |
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| Links to the text | Location | Volume | Call No. | Barcode No. | Status | Comments | ISBN | Printed | Restriction | Reserve |
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| Links to the text | Library Off-campus access |
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OB00157432 | Springer Law and Criminology eBooks (電子ブック) | 9783030381257 |
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| Material Type | E-Book |
|---|---|
| Media type | 機械可読データファイル |
| Size | VIII, 73 p : online resource |
| Notes | 1. Introduction -- 2. The First Generation of National Security Exception: The GATT and Its Legacy -- 3. The Second Generation of National Security Exceptions: Departing from the GATT Tradition? -- 4. The Third Generation of National Security Exceptions: Protecting the Sovereign State -- 5. Conclusion This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable HTTP:URL=https://doi.org/10.1007/978-3-030-38125-7 |
| Subjects | LCSH:International law LCSH:Trade regulation LCSH:Mediation LCSH:Dispute resolution (Law) LCSH:Arbitration (Administrative law) LCSH:International economic relations FREE:International Economic Law, Trade Law FREE:Dispute Resolution, Mediation, Arbitration FREE:International Economics |
| Classification | LCC:K3820-3836 DC23:343.07 |
| ID | 8000066417 |
| ISBN | 9783030381257 |
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