Overview

Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law.

Full Product Details

9781785368103

Table of Contents

Reviews

'This book makes it patently clear that one of the oldest and most important principles in international economic law remains misunderstood. As the authors rightly point out, the significant inconsistencies in the jurisprudence on non-discrimination and regulatory purpose do not provide stability and consistency in the WTO's dispute settlement system. Nor does it assist the international investment regime, which has been criticized for its unstable jurisprudence. The novel definition of regulatory purpose proposed in this book is logical, well-reasoned and flexible, as is their critique of the jurisprudence, which is useful, comprehensive, and succinct. They also draw welcome comparisons and contrasts between the converging systems of international trade and investment law. It is relevant to all who work in these fields, including policymakers, and recommended accordingly.' -- Mark Huber, Journal of International Economic Law 'This very topical book offers a stimulating and thoughtful insight into the core policy purposes of the non-discrimination obligations in the World Trade Organization (WTO) and international investment law. With their valuable critique on how WTO and investment adjudication bodies have treated and applied the concept of regulatory purpose to date, the authors offer a well-reflected and welcome case to ensure policy space and flexibility for states and governments throughout both regimes. This contribution hopefully will help to improve both mechanisms in an increasingly converging architecture of global trade and investment.' -- Gabrielle Marceau, World Trade Organization, Switzerland 'Non-discrimination is a core principle of international economic law, yet its scope remains uncertain. A number of recent international trade and investment decisions have added to the confusion, rather than resolving this issue. This important new book adds clarity to a muddled debate. It examines the foundational issues related to the concept of non-discrimination, analyzes the cases, and makes sensible proposals for the future. It is a must read for those in the trade and investment law fields.' -- Simon Lester, Cato Institute, US

'This very topical book offers a stimulating and thoughtful insight into the core policy purposes of the non-discrimination obligations in WTO and international investment law. With their valuable critique on how WTO and investment adjudication bodies have treated and applied the concept of 'regulatory purpose' to date, the authors offer a well reflected and welcome case to ensure policy space and flexibility for States and governments throughout both regimes. This contribution hopefully will help to improve both mechanisms in an increasingly converging architecture of global trade and investment.'- Gabrielle Marceau, WTO, Switzerland; 'Non-discrimination is a core principle of international economic law, yet its scope remains uncertain. A number of recent international trade and investment decisions have added to the confusion, rather than resolving this issue. This important new book adds clarity to a muddled debate. It examines the foundational issues related to the concept of non-discrimination, analyzes the cases, and makes sensible proposals for the future. It is a must read for those in the trade and investment law fields.'- Simon Lester, Cato Institute, US

`This book makes it patently clear that one of the oldest and most important principles in international economic law remains misunderstood. As the authors rightly point out, the significant inconsistencies in the jurisprudence on non-discrimination and regulatory purpose do not provide stability and consistency in the WTO's dispute settlement system. Nor does it assist the international investment regime, which has been criticized for its unstable jurisprudence. The novel definition of regulatory purpose proposed in this book is logical, well-reasoned and flexible, as is their critique of the jurisprudence, which is useful, comprehensive, and succinct. They also draw welcome comparisons and contrasts between the converging systems of international trade and investment law. It is relevant to all who work in these fields, including policymakers, and recommended accordingly.' -- Mark Huber, Journal of International Economic Law `This very topical book offers a stimulating and thoughtful insight into the core policy purposes of the non-discrimination obligations in the World Trade Organization (WTO) and international investment law. With their valuable critique on how WTO and investment adjudication bodies have treated and applied the concept of regulatory purpose to date, the authors offer a well-reflected and welcome case to ensure policy space and flexibility for states and governments throughout both regimes. This contribution hopefully will help to improve both mechanisms in an increasingly converging architecture of global trade and investment.' -- Gabrielle Marceau, World Trade Organization, Switzerland `Non-discrimination is a core principle of international economic law, yet its scope remains uncertain. A number of recent international trade and investment decisions have added to the confusion, rather than resolving this issue. This important new book adds clarity to a muddled debate. It examines the foundational issues related to the concept of non-discrimination, analyzes the cases, and makes sensible proposals for the future. It is a must read for those in the trade and investment law fields.' -- Simon Lester, Cato Institute, US

`This very topical book offers a stimulating and thoughtful insight into the core policy purposes of the non-discrimination obligations in the World Trade Organization (WTO) and international investment law. With their valuable critique on how WTO and investment adjudication bodies have treated and applied the concept of regulatory purpose to date, the authors offer a well-reflected and welcome case to ensure policy space and flexibility for states and governments throughout both regimes. This contribution hopefully will help to improve both mechanisms in an increasingly converging architecture of global trade and investment.' -- Gabrielle Marceau, World Trade Organization, Switzerland `Non-discrimination is a core principle of international economic law, yet its scope remains uncertain. A number of recent international trade and investment decisions have added to the confusion, rather than resolving this issue. This important new book adds clarity to a muddled debate. It examines the foundational issues related to the concept of non-discrimination, analyzes the cases, and makes sensible proposals for the future. It is a must read for those in the trade and investment law fields.' -- Simon Lester, Cato Institute, US

'This very topical book offers a stimulating and thoughtful insight into the core policy purposes of the non-discrimination obligations in the World Trade Organization (WTO) and international investment law. With their valuable critique on how WTO and investment adjudication bodies have treated and applied the concept of regulatory purpose to date, the authors offer a well-reflected and welcome case to ensure policy space and flexibility for states and governments throughout both regimes. This contribution hopefully will help to improve both mechanisms in an increasingly converging architecture of global trade and investment.' -- Gabrielle Marceau, World Trade Organization, Switzerland 'Non-discrimination is a core principle of international economic law, yet its scope remains uncertain. A number of recent international trade and investment decisions have added to the confusion, rather than resolving this issue. This important new book adds clarity to a muddled debate. It examines the foundational issues related to the concept of non-discrimination, analyzes the cases, and makes sensible proposals for the future. It is a must read for those in the trade and investment law fields.' -- Simon Lester, Cato Institute, US

Author Information

Andrew D. Mitchell, Professor, Faculty of Law, Monash University, Australia, David Heaton, Barrister, Brick Court Chambers, London, UK and Caroline Henckels, Senior Lecturer, Faculty of Law, Monash University, Australia

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