Hardback
The Principle of National Treatment in International Economic Law
Trade, Investment and Intellectual Property
9781783471218 Edward Elgar Publishing
The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international trade law, international investment law, and intellectual property law. An invaluable conclusion draws together the common strands and highlights the variations in application between these fields.
More Information
Contributors
Contents
More Information
The principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.
Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law – including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.
With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.
Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law – including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.
With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.
Contributors
Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prévost, S.J. Schaafsma, L. Schneller
Contents
Contents:
Introduction to the series
Introduction
Anselm Kamperman Sanders
PART I INTERNATIONAL TRADE LAW
1. The Philosophy of Non-discrimination in International Trade Regulation
Thomas Cottier and Lena Schneller
2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination
Lothar Ehring
3. National Treatment under the General Agreement on Trade in Services
James Flett
4. National Treatment under the TBT Agreement
Arthur E. Appleton
5. National Treatment in the SPS Agreement: A Sui Generis Obligation
Denise Prévost
PART II INTERNATIONAL INVESTMENT LAW
6. National Treatment in Emerging Market Investment Treaties
David Collins
7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development
Leila Choukroune
PART III INTELLECTUAL PROPERTY LAW
8. National Treatment under the Paris Convention
Christopher Heath
9. National Treatment in Copyright and Related Rights: How Much Work Does it Do?
Robert Brauneis
10. National Treatment under the TRIPS Agreement
Anselm Kamperman Sanders
11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment
Sierd J. Schaafsma
Index
Introduction to the series
Introduction
Anselm Kamperman Sanders
PART I INTERNATIONAL TRADE LAW
1. The Philosophy of Non-discrimination in International Trade Regulation
Thomas Cottier and Lena Schneller
2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination
Lothar Ehring
3. National Treatment under the General Agreement on Trade in Services
James Flett
4. National Treatment under the TBT Agreement
Arthur E. Appleton
5. National Treatment in the SPS Agreement: A Sui Generis Obligation
Denise Prévost
PART II INTERNATIONAL INVESTMENT LAW
6. National Treatment in Emerging Market Investment Treaties
David Collins
7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development
Leila Choukroune
PART III INTELLECTUAL PROPERTY LAW
8. National Treatment under the Paris Convention
Christopher Heath
9. National Treatment in Copyright and Related Rights: How Much Work Does it Do?
Robert Brauneis
10. National Treatment under the TRIPS Agreement
Anselm Kamperman Sanders
11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment
Sierd J. Schaafsma
Index
