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Regulatory space in International Trade Law and International Investment Law
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Wagner, Markus (2014) Regulatory space in International Trade Law and International Investment Law. University of Pennsylvania. Journal of International Law, 36 (1). pp. 1-88. 1.
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Official URL: http://scholarship.law.upenn.edu/jil/vol36/iss1/1
Abstract
Domestic regulatory decisions involving matters of human health or the environment are increasingly coming under scrutiny by international courts and tribunals. One of the latest examples concerns an Australian law mandating the plain packaging of cigarettes, which is currently being challenged under both international investment and international trade
law. Both of these fields are closely related and are governed by similar rules. However, despite their similarities, they also differ in important respects. This article analyzes the extent of the regulatory space afforded to states and World Trade Organization (“WTO”) members in the international investment and international trade regimes. It does so by comparing the jurisprudence of investment tribunals regarding regulatory expropriations and the jurisprudence of the WTO dispute settlement organs in cases concerning human, animal or plant life or health, as well as cases concerning technical barriers to trade. Additionally, this article suggests that international trade andinvestment law can offer valuable insights for one another, despite the
differences between the two regimes. While international trade law has been more adept at incorporating health or environmental concerns as a countervailing force to the prevailing paradigm of trade liberalization, changes in international investment law may soon close the gap. International investment law is currently undergoing a discourse similar to the one that has shaped international trade law since the inception of the WTO in 1995. Thus international investment law may be shaped in a similar manner, as there are growing signs that the regulatory space
afforded in international trade and investment law are converging,
despite the fact that the international trade law discussion was carried out in a different context, through a different set of institutions, and within different epistemic communities.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | University of Pennsylvania. Journal of International Law | ||||||
| Publisher: | International Law University of Pennsylvania Law School | ||||||
| ISSN: | 1938-0283 | ||||||
| Official Date: | 16 March 2014 | ||||||
| Dates: |
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| Date of first compliant deposit: | 14 February 2017 | ||||||
| Volume: | 36 | ||||||
| Number: | 1 | ||||||
| Page Range: | pp. 1-88 | ||||||
| Article Number: | 1 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Open Access | ||||||
| Related URLs: | |||||||
| Open Access Version: |
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