Transparency in International Trade and Investment Dispute Settlement

Transparency in International Trade and Investment Dispute Settlement
Author :
Publisher : Routledge
Total Pages : 242
Release :
ISBN-10 : 9781135130541
ISBN-13 : 113513054X
Rating : 4/5 (41 Downloads)

Book Synopsis Transparency in International Trade and Investment Dispute Settlement by : Junji Nakagawa

Download or read book Transparency in International Trade and Investment Dispute Settlement written by Junji Nakagawa and published by Routledge. This book was released on 2012-12-12 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, first, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book will appeal to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.


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For example, the US Model BIT requires the respondent to make the following available to the public: (a) pleadings, memorials and briefs submitted to the tribun