The use of economics in international trade and investment disputes / edited by Marion Jansen, Joost Pauwelyn and Theresa Carpenter.
2017
K2400 .U814 2017 (Map It)
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Details
Title
The use of economics in international trade and investment disputes / edited by Marion Jansen, Joost Pauwelyn and Theresa Carpenter.
Published
Cambridge, United Kindgom ; New York, NY : Cambridge University Press, 2017.
Call Number
K2400 .U814 2017
ISBN
9781107144903 (hardback)
1107144906 (hardback)
1107144906 (hardback)
Description
xvii, 398 pages : illustrations ; 24 cm
System Control No.
(OCoLC)949910744
Summary
"Twenty-first-century trade agreements increasingly are a source of international law on investment and competition. With chapters contributed by leading practitioners and academics, this volume draws upon investor-state arbitration and competition/antitrust disputes to focus on the application of economics to international trade law and specifically WTO law. Written in an accessible language suitable for a broad readership while providing concrete insights designed for the specialist, this book will be of use to those active or interested in the related fields of trade disputes, competition law, and investor-state arbitration"-- Provided by publisher.
"Global markets have become increasingly integrated both in terms of the size of trade and investment flows and in terms of the number of players involved. Global trade and investment flows are governed by a set of national, regional and global legal frameworks that interact at different levels. Increasingly the question arises how those frameworks fit together and how they can be made more coherent"-- Provided by publisher.
"Global markets have become increasingly integrated both in terms of the size of trade and investment flows and in terms of the number of players involved. Global trade and investment flows are governed by a set of national, regional and global legal frameworks that interact at different levels. Increasingly the question arises how those frameworks fit together and how they can be made more coherent"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of Figures and Tables
viii
List of Contributors
x
Acknowledgements
xvii
1.
Introduction: The Use of Economics in International Trade and Investment Disputes: Complex, Contentious but Oh-So-Important for the Sustainability of Trade and Investment Treaties / Theresa Carpenter
1
pt. I
USE OF ECONOMICS IN INTERNATIONAL TRADE AND INVESTMENT DISPUTES: A PRACTITIONER'S VIEW
13
2.
Integrating Economic Analysis into WTO Dispute Settlement Practice: A View from the Trenches / Alan Yanovich
15
3.
Present at the Creation: Economists and Accountants in International Trade Law Practice / Tom Graham
47
4.
Role of Economics in WTO Dispute Settlement and Choosing the Right Litigation Strategy - A Practitioner's View / Simon Schropp
55
5.
On Interpretation and Economic Analysis of Law / David Unterhalter
76
6.
Client's Perspective / James Flett
83
7.
Use of Economics in Competition Law: What Works and What Doesn't Across National Jurisdictions? / Kathryn Kobe
111
pt. II
USE OF ECONOMICS IN INTERNATIONAL TRADE DISPUTES: ECONOMIC VERSUS LEGAL THINKING
139
8.
What to do if Economic Insights are Disputed: On the Challenge to Deal with Competing and Evolving Theories or Empirics in International Trade Disputes / Anne van Aaken
141
9.
Lost in Translation: Communication and Interpretation Challenges Related to Economic Evidence in Trade Disputes / Marion Jansen
164
10.
Land Rich and Cash Poor? The Reluctance of the WTO Dispute Settlement System to Entertain Economics Expertise: An Institutional Analysis / Damien Neven
192
11.
Economics of Actionable Subsidy Disputes / Jorge Miranda
209
12.
In Search of a "Genuine and Substantial" Cause: The Analysis of Causation in Serious Prejudice Claims / Pablo M. Bentes
239
13.
Games We Play - Simulation Models in Merger Analysis and Their Potential Use in Trade Litigation / Amar Breckenridge
261
pt. III
USE OF ECONOMICS IN INTERNATIONAL INVESTMENT DISPUTES: LIABILITY AND DAMAGES
281
14.
Aligning Loss and Liability -- Toward an Integrated Assessment of Damages in Investment Arbitration / Wolfgang Alschner
283
15.
Economic Assessment of Contracts, Requests for Contract Reform, and Damages in International Arbitration / Willis Geffert
319
16.
Economics in Investor-State Arbitration beyond Quantum / Pablo Lopez Zadicoff
335
17.
Assessing Investor Damages Involving Publicly Traded Companies - with Examples from the Yukos Cases / Alan Rozenberg
349
18.
From the Law of Valuation to Valuation of Law? On the Interplay of International Law and Economics in Fair Market Valuation / Fuad Zarbiyev
370
Conclusion: The Use of Economics in International Trade and Investment Disputes: Summing Up and Looking Forward / Theresa Carpenter
383
Appendix to the Conclusion: Guidelines for submitting quantitative evidence in WTO or investor-state dispute settlement proceedings / Theresa Carpenter
394
Index
397