The International Minimum Standard and Fair and Equitable Treatment PDF Download

Author: Martins Paparinskis
Publisher: Oxford University Press
ISBN: 0199694508
Category : Business & Economics
Languages : en
Pages : 318

View

Book Description
Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.

Author: Jessamyn R. Abel
Publisher: University of Hawaii Press
ISBN: 0824854705
Category : History
Languages : en
Pages : 345

View

Book Description
The International Minimum tells the history of internationalism in Japan from the 1930s to 1960s, shedding light on the deep connections between modes of diplomacy during times of aggressive imperial expansion and of peaceful cooperation. For most of the twentieth century, a rhetoric of international cooperation for peace and stability persisted as the lingua franca of foreign relations in Japan and around the world, even during the years of rampant nationalisms and global war. The advocacy and practice of multilateral cooperation, though attenuated and often distorted and abused, did not disappear during the years of aggression and war, but instead were channeled into new and unexpected directions. With a broad view of international relations that takes into account but also looks beyond the official sites of multilateral cooperation, this book uncovers a continuous evolution of internationalist thought and activity in Japan that extends across the dark valley of war and the historiographical schism of defeat. Acknowledging this continuity does not mitigate the violence and atrocities of the wartime regime. But recognizing that institutions, activities, and rhetoric that were derived from the Wilsonian internationalism of the 1920s contributed to imperialism and war, as well as to the postwar construction of a peaceful and democratic "new Japan," does help us understand the enthusiastic participation in war and empire in the years before 1945 by many of the same people in all sectors of Japanese society who eagerly embraced postwar structures of cooperation for peace and shared prosperity. This study rethinks the standard narrative of Japan's international cooperation in three ways: by taking seriously those international activities conducted outside of formal state-level relations, by examining cultural forms of international engagement, and by asserting the importance of rhetoric in cultivating what was then referred to as an "international mind." Rather than signaling the demise of multilateral participation, Japan's infamous withdrawal from the League of Nations became, in fact, the occasion for the diversification of internationalist activities. For instance, proponents of a "people's diplomacy" campaigned to bring the 1940 Olympic Games to Tokyo and established the Society for International Cultural Relations, a national organization for international cultural exchange. But as Japanese society was increasingly mobilized for war, even such popular and cultural efforts at international cooperation were made to contribute to the imperialist project. In the decade after the war ended, familiar internationalist rhetoric became a keystone in the construction of a so-called new Japan. This book traces the evolution of the internationalist worldview in Japan by examining both official policy and general discourse surrounding epochal moments such as Japan's withdrawal from the League and admission into the United Nations, the failed and successful attempts to host a Tokyo Olympiad, and wartime and postwar regional conferences in Tokyo and Bandung, Indonesia. Bringing these varied elements together produces a synthetic history of internationalism, imperialism, and the performance of diplomacy in the twentieth century, when new global norms required a minimum level of international engagement. This story is told through the materials of both high diplomacy and mass culture. Unpublished documents in government and private archives reveal one layer of the formation of Japanese internationalism. The public discourse found in popular journals, books, newspapers, advertisements, poems, and songs articulates what would become the common-sense views of international relations that helped delineate the realm of the possible in imperial and postwar Japanese foreign policy.

Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232230
Category : Business & Economics
Languages : en
Pages : 572

View

Book Description
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Author: Martins Paparinskis
Publisher: OUP Oxford
ISBN: 0191640247
Category : Law
Languages : en
Pages : 318

View

Book Description
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Author: INTERNATIONAL LABOUR OFFICE.
Publisher:
ISBN: 9789220319482
Category :
Languages : en
Pages : 0

View

Book Description
This ILO flagship report examines the evolution of real wages around the world, giving a unique picture of wage trends globally and by region. The 2020-21 edition analyses the relationship of minimum wages and inequality, as well as the wage impacts of the COVID-19 crisis. The 2020-21 edition also reviews minimum wage systems across the world and identifies the conditions under which minimum wages can reduce inequality. The report presents comprehensive data on levels of minimum wages, their effectiveness, and the number and characteristics of workers paid at or below the minimum. The report highlights how adequate minimum wages, statutory or negotiated, can play a key role in a human-centred recovery from the crisis

Author: Mr. Michael Keen
Publisher: International Monetary Fund
ISBN:
Category : Business & Economics
Languages : en
Pages : 80

View

Book Description
This paper articulates and, using newly-assembled data, explores how international taxation affects aggregate tangible cross-border investment. Spillovers from statutory tax rates abroad seem: As sizable as effects from the host’s rate; larger than previous consensus values (attributed to a systematic bias from FDI data); and consistent with ‘implicit’ profit shifting through real investment (rather than ‘paper’ profit shifting). Contrary to much policy discussion, the results also imply that: Host countries’ marginal effective tax rates have at best a weak effect on real investment; those elsewhere have none; and, applied to the prospective global minimum tax, inward tangible investment in most sample countries will increase.

Author: Minouche Shafik
Publisher: Princeton University Press
ISBN: 069120764X
Category : Business & Economics
Languages : en
Pages : 256

View

Book Description
From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

Author: Erica A. Miller
Publisher:
ISBN: 9781931439008
Category : Animal housing
Languages : en
Pages : 67

View

Book Description
The goal is to give each animal the best chance of post-release survival in its natural place in the wild. Wildlife rehabilitators should combine information from Minimum Standards, current publications, wildlife veterinarians, experienced mentors, and personal experience, along with common sense and good judgment to make the best decisions for each individual animal.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: United Nations
Publisher: United Nations
ISBN: 921004200X
Category : Political Science
Languages : en
Pages : 96

View

Book Description
Non-tariff measures are generally defined as policy measures other than ordinary customs tariffs that can potentially have an economic effect on international trade in goods, changing quantities traded, or prices or both. Since this definition is broad, a detailed classification is of critical importance so as to better identify and distinguish among the various forms of non-tariff measures. The classification of non-tariff measures presented here is a taxonomy of all those measures considered relevant in international trade today. It builds on an old UNCTAD classification known as the Coding System of Trade Control Measures and was developed by several international organizations forming what is called the MAST group (Multi-Agency Support Team) set up to support the Group of Eminent Persons on Non-tariff Barriers established by the Secretary General of UNCTAD in 2006. The MAST team discussed and proposed this classification, and is composed of: FAO, IMF, ITC, OECD, UNCTAD, UNIDO, World Bank and WTO. The classification is seen as evolving and should adapt to the reality of international trade and data collection needs.