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    Dispute Settlement Mechanisms in Free Trade Agreements: Strengths, Weaknesses And Best Practices

    Dispute Settlement Mechanisms in Free Trade Agreements: Strengths, Weaknesses And Best Practices

    Executive Summary (Full report can be read here) This paper addresses the current need for effective and efficient dispute settlement mechanisms (“DSMs”) in Free Trade Agreements (FTAs).* Canada is a party to several FTAs that include DSM chapters but rarely resorts to those DSMs to resolve trade disputes. This experience is not specific to Canada; in fact, most FTA DSMs have never been used. One reason for this may be that the World Trade Organization (“WTO”) has thus far o
    Competition Policy and the International Trade Landscape: Assessing Recent Developments and Trends

    Competition Policy and the International Trade Landscape: Assessing Recent Developments and Trends

    Executive Summary (Full report can be read here) For most countries, competition law has become a crucial component of contemporary economic policy. It also has considerable overlap with trade and investment policy, as improving economic efficiency and liberalizing markets are usually central to its objectives. Competition policy can also have a direct impact on international trade and investment patterns, as the companies most likely to be active in international markets wil
    PRIMER ON INVESTMENT FACILITATION FOR DEVELOPMENT

    PRIMER ON INVESTMENT FACILITATION FOR DEVELOPMENT

    Executive Summary (Full report can be read here) (Annex A to the report can be read here) Watch video here On 13 December 2017, 70 members of the World Trade Organization (“WTO”) co-sponsored a Joint Ministerial Statement calling for structured discussions on “investment facilitation for development”. Since the issuance of the Joint Ministerial Statement, there have been ongoing structured discussions at the WTO on investment facilitation with the objective of developing a mu
    An Empirical Study on the Effectiveness of Non-Disputing State Party Submissions in ISDs

    An Empirical Study on the Effectiveness of Non-Disputing State Party Submissions in ISDs

    Clinic: National University of Singapore, Spring 2020 Executive Summary (Full report can be read here) Watch video here This Memorandum analyses from an empirical perspective the prevalence of submissions made by Non-Disputing State Parties (“NDSPs”) and their influence on arbitral awards in Investor-State arbitration under investment treaties. The submissions studied for the purposes of this Memorandum are limited to those made by NDSPs, and not by other third parties. A sum
    Joint Interpretation of Investment Treaties

    Joint Interpretation of Investment Treaties

    A Study on Existing Practice, Legal Character and Strategies for Implementation Clinic: National University of Singapore, Spring 2020 Executive Summary (Full report can be read here) Watch video here A joint interpretation is an agreement between State parties to an international investment agreement (“IIA”) on a common interpretation of a provision in the IIA. Joint interpretations can be seen as a way for States to retain control over the interpretation of IIAs, as and when
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