Titlebook: International Investment Law and Competition Law; Katia Fach Gómez,Anastasios Gourgourinis,Catharine Book 2020 Springer Nature Switzerland

转换

The Impact of EU State Aid Law on International Investment Law and Arbitration,er there is a systemic incompatibility between the fair and equitable treatment (FET) standard and EU state aid law. This chapter focuses in particular on the principle of legitimate expectations and the manner that it was applied by several arbitral tribunals in relation to state aid measures. For

Outshine

The Complex Relationship Between Competition Law and Investment Arbitration After ,: The , Case,f the radical changes adopted by the Spanish authorities in the regulatory framework of the renewable energy sector. The . arbitration highlights the complex relationship between competition law and investment arbitration, especially in intra-EU investment disputes. This type of dispute has caused m

chastise

防御

,The Use of Evidence Obtained Through a State’s Special Antitrust Powers in Investment Arbitration, it obtains through special powers of supervision, investigation and seizure granted to the antitrust agency, to defend itself against an investor’s claim in an investment arbitration. The chapter finds that such use of a state’s special powers constitutes a misuse of power under domestic law and a

Fretful

Competition and Investment: The Case for 21st Century WTO Law,vour of integrating the three areas within the law of the World Trade Organization (WTO) and thus returning to conceptual foundations laid out the Havana Charter at the outset of the Post World War II international economic order but ever since forgotten in a history of fragmentation. Future integra

老人病学

Mri485

International Investment Law and Public Procurement: An Overview,damages arising from the pre-award phase, the protection of unsuccessful bidders must be answered in a differentiated manner. The chapter argues that a distinction has to be made between an open and a pre-elective award procedure. In the latter case, the host state invites the foreign tenderer to pa

Ingest

When State Enterprises Have Deeper Pockets: Ensuring Competitive Neutrality in Cross-Border M&A,aditionally focus on investor protection and less on achieving competitive neutrality. Even the provisions on competitive neutrality contained in recently concluded international investment and trade agreements do not apply to cross-border M&A. Investment screening regimes, on the other hand, primar

慎重

,The Review of National Competition Authorities’ Acts in Investment Arbitration: Setting Limits to ‘ The chapter argues in general for the need of a three-principles standard of review to examine the acts of national competition authorities in light of the current standards of treatment contained in international investment agreements (IIAs).

Aggrandize

,Stipulating Investors’ Obligations in Investment Agreements as a Suitable Regulatory Approach to Prvironment, the promotion of core labour and social standards as well as the prevention of corruption, create an opening for cooperation. Further legitimizing the integration between the two spheres, foreign investors have the potential to interfere with the free play of market forces and thus contra