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Melanie Goergmaier - The Transatlantic Agreement

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Melanie Goergmaier

The Transatlantic Agreement

2024

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Chapter 3: Why a US-EU Free Trade Agreement? S. 77-90

„… requires first of allunderstanding the meaning, purpose and impact of free trade agreements(FTAs) and …” „… and combination130.3.2 Free Trade AgreementsNeoclassical theories conclude that free trade leads to …” „… external economic interventions138.3.2.2.2 Trade Diversion Effects on Bilateral AgreementsThe classic trade …”

Chapter 9: Signals for Resumption of Transatlantic Trade Agreement Negotiations in 2019 and 2020 S. 263-272

„… Chapter 9: Signals for Resumption of Transatlantic TradeAgreement Negotiations in 2019 and 2020In …” „… 2017, it was not clear whether, when and how negotiations on a transat‐lantic free trade agreement …” „… analysis by the EuropeanCommission” demonstrated “significant gains” from a US-EU agreement785.EU-US Trade …”

Chapter 2: History and Literature Review on (Transatlantic) Trade S. 46-76

„… pressuresagainst these regional trade agreements.In trade politics, a society-centered approach is one in which a …” „… form the most distortionary agreements;second, that broader external trade liberalization would reverse …” „… Trade Agreements(RTAs) were active and in force74. In 2010, the World Trade Organization(WTO) estimated …”

Chapter 10: Consequences of TTIP and Policy Recommendations S. 273-286

„… trade agreements.For instance, many aspects of TTIP can be found in the free Comprehen‐sive Economic …” „… Trade Agreement (CETA) between Canada and the EU.Some European trade opponents view TTIP as a threat …” „… , when in reality,a transatlantic agreement would be a huge opportunity to become a partof a global …”

Chapter 8: TTIP Standards as Benchmark for Future Trade Deals S. 209-262

„… importance in a trade agreement be‐tween the US dollar zone and the EU euro zone. In its resolution on TTIPof …” „… . According to the EU, a TTIP Agreement could make an importantcontribution to financial stability "by …” „… agreement. This is what happened, for exam‐ple, after the 13th and 14th rounds from July 11-15, 2016 in …”

Titelei/Inhaltsverzeichnis S. 1-26

„… DirectorateOEM Original Equipment ManufacturerOTC Over the counter (drugs)PTAs Preferential Trade AgreementsPWC …” „… Regional Trade AgreementSME Small and Medium-Size EnterpriseSWOT Strengths, Weaknesses, Opportunities …” „… The Transatlantic AgreementChallenges and Opportunities for Economy, Health Care and …”

Chapter 1: Introduction S. 27-45

„… trade agreements.Multilateral trade agreements and trade organizations have reached somebarriers in …” „… . Accord‐ing to the 2014 American negotiation model for investment agreements,measures for the protection of …” „… potentialconsequences and impact of a US-EU trade agreement will be discussedincluding the negative impacts for the US …”

Chapter 6: ISDS with Qualitative Reorientation S. 156-161

„… ". More than any other free trade agreement, the focus of TTIPis on breaking down the "behind the border …” „… imple‐ment as "regulatory clusters". TTIP is a much more difficult agreement incomparison to other free trade …” „… agreements, as standards of both advancedeconomies are often very different.Both regulatory authorities in …”

Chapter 11: Evaluation and Proposal for Solutions S. 287-297

„… Chapter 11: Evaluation and Proposal for SolutionsThe inclusion of SMEs in the TTIP agreement is …” „… exemplary for all otherfuture trade agreements of the EU as well as the US and could become ablueprint in …” „… future agreements. This important accent distinguishes TTIPin a special way.The abolition of customs …”

Chapter 5: Environmental Analysis in the Automotive and Pharmaceutical Industries regarding Transatlantic Trade S. 99-155

„… agreements of rebates, which are based on the fleetsof premium manufacturers and include, for example …” „… NAFTA, if the agreement contains provisionsof this kind? The author of this dissertation considers the …” „… . Immediate effects are agreedfor the import of Canadian supplies. If similar agreements were includedin TTIP …”

Chapter 7: Assessment of the EU NGO Hearings: TTIP Angst and Fears in Germany, Austria and the UK S. 162-208

„… mutual recognition based on the 1998 UNECE Agreement (UNEconomic Commission for Europe). (This applies in …” „… importanttask of the agreement• consensus had been reached on the establishment of transparent arbitraltribunals …” „… summary to the assembled internationalpress427. His remarks emphasized the broad agreement between the US …”

Chapter 12: Conclusion S. 298-301

„… thecompetition, a common Euro-Atlantic energy policy is to be included ina transatlantic agreement according to …” „… role in the agreement on both sides. As outlined inthis book, the opportunities of TTIP exceed the …” „… agreement. Essentially, a transatlanticagreement presents an opportunity for the EU and the US to create …”

Bibliography S. 314-329

„… Agreements Under‐mine Free Trade. Oxford University Press, 2008.314Bhagwati, Jagdish. "Why PTAs Are a Pox on …” „… http://ec.europa.eu/trade/trade-policy-and-youEuropean Commission. “A balanced EU-US Free Trade Agreement: Freer trade –without sacrificing Europe’s …” „… . http://ec.europa.eu/priorities/balanced-eu-us-free-trade-agreement_enEuropean Commission. “Comprehensive Economic and Trade Agreement (CETA”.EU-Canada Trade Agreement. Accessed …”

Core Sources/ Primary Sources S. 308-313

„… .BooksBartels, Lorand and Ortino, Federico. Regional Trade Agreements and the WTO legalSystem, Oxford, 2007 …” „… Economic and Trade Agreement der EU und Kanada (CETA)”, Octo‐ber 2014, Munich.Fiorentiho, Verdeja …” „… , Toqueboeuf: “The Changing Landscape of Regional Trade Agree‐ments: Update 2006”, WTO, 2007 IX.Friedrich-Ebert …”

Chapter 4: TTIP (Transatlantic Trade and Investment Partnership) S. 91-98

„… the industries to be investigated.4.1 Nature, Content and Scope of EU-US Trade AgreementThe agreement …” „… , thechapter is to be additionally covered by investment protection. The agree‐ment aims to maintain industry …”

doi.org/10.5771/9783748918769

Catherine DePino - Excuse Me, Your Participle's Dangling

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Catherine DePino

Excuse Me, Your Participle's Dangling

2013

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9 Agreement Problems S. 71-80

„… Chapter NineAgreement ProblemsHow to Spot and Solve ThemWhat are some mistakes other than run-ons …” „… agree with its verb in number, you’ll neverhave trouble with agreement.That sounds easy, but I sometimes …” „… somebody.Example: “Everyone looks sleepy,” said Ms. Charisma as she explainedsubject-verb agreement. “I can’t …”

Preface

„… 599 Agreement Problems: How to Spot and Solve Them 7110 Words Often Confused: How to Get Them Straight …”

Answer Key S. 111-120

„… a new sentence.QUICK QUIZ #11: AGREEMENT1. are: Use plural because you have a compound subject …”

1 Verbs S. 1-10

„… ? I’ve heard alot about sentences, clauses, phrases, and pronoun agreement, and mostof it boggles my …”

doi.org/10.5771/9781475802788

Susanne Lautenschläger - Der Grundsatz der Tarifeinheit bei Tarifpluralität nach dem Employment Relations Act 1999

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Susanne Lautenschläger

Der Grundsatz der Tarifeinheit bei Tarifpluralität nach dem Employment Relations Act 1999

Series: Mannheimer Schriften zum Unternehmensrecht

Volume 12 2009

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Britische Tarifverträge – »Collective Agreements« S. 79-86

„… 4. Britische Tarifverträge – »Collective Agreements«Vor einer eingehenden Betrachtung der Frage, ob …” „… den Begriff des »collective agreement« eingegangen werden. Häufig wird in Bezug auf britische …” „… Tarifverträge vorgebracht, diese seien unverbindliche Vereinbarungen und nicht mehr als »gentlemen agreements …”

»Recognition« S. 77-79

„… 4. Britische Tarifverträge – »Collective Agreements«Vor einer eingehenden Betrachtung der Frage, ob …” „… den Begriff des »collective agreement« eingegangen werden. Häufig wird in Bezug auf britische …” „… Tarifverträge vorgebracht, diese seien unverbindliche Vereinbarungen und nicht mehr als »gentlemen agreements …”

Anhang S. 159-178

„… agreement is made before or after the time when the CAC issues a declaration, or the parties agree, that the …” „… unit. (4) If such an agreement is made before the end of the second period no further steps are to be …” „… the union (or unions) under paragraph 10(2), and (b) no agreement is made before the end of the second …”

Trade Union Congress in Großbritannien S. 140-142

„… levels of membership, and no agreement or a moribund agreement, within any organisation in respect of any …” „… activities […]. If an agreement cannot be reached, then either union should refer the matter to the TUC …”

Die CAC als die das Anerkennungsverfahren gestaltende Institution S. 146-147

„… Gewerkschaft und Arbeitgeber bilden sie lediglich »gentlemen agreements«, soweit der Tarifvertrag nichts …”

Das Anerkennungsverfahren nach Schedule A 1 ERA 1999 als Vorstufe S. 147-148

„… .809 Im Verhältnis zwischen Gewerkschaft und Arbeitgeber bilden sie lediglich »gentlemen agreements …”

Titelei/Inhaltsverzeichnis S. 2-14

„… . Freiwillige Anerkennung 77b. Gesetzliche Anerkennung 784. Britische Tarifverträge – »Collective Agreements« 79 …”

Literaturverzeichnis S. 179-186

„… , New York McKay, Sonia, Union Recognition Agreements in the Shadow of the Law, Indus. L.J. (December …”

Das Anerkennungsverfahren der Gewerkschaften nach Schedule A 1 ERA 1999 S. 89-108

„… ]; Lambert, The ERA 2004, S. 6 f.; McKay, Union Recognition Agreements in the Shadow of the Law, [2004] 33 …”

doi.org/10.5771/9783845215761

Gerhard Ring - Überbetriebliche versus innerbetriebliche Kollektivvereinbarungen

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Gerhard Ring (ed.)

Überbetriebliche versus innerbetriebliche Kollektivvereinbarungen

Series: Arbeits- und Sozialrecht

Volume 126 2012

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Dr. Skupien Legal framework for collective labour agreements and other collective agreements in Poland S. 69-82

„… Legal framework for collective labour agreements and other collective agreements in Poland Dr …” „… agreements (układ zbiorowy pracy) and other collective agreements (porozumienie zbiorowe) is enshrined in the …” „… collective disputes and conclude collective labour agreements and other collective agreements. In the light …”

Dr. Senčur Peček Collective Agreements in the Republic of Slovenia S. 25-48

„… Collective Agreements in the Republic of Slovenia Dozentin Dr. Senčur Peček, Universität Maribor …” „… secondary legal acts) autonomous legal sources – esp. collective agreements and employers' general acts …” „… of Slovenia. From the 1990 s until 2006 there were two applicable general collective agreements (one …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Österreich 9 Prof. Dr. Dr. Löschnigg, Universität Graz, Österreich Collective Agreements in the Republic of …” „… agreements and other collective agreements in Poland 69 Dr. Skupien, Universität Lodz Überbetriebliche versus …”

doi.org/10.5771/9783845235318

Marcus Peter - Multilateral Rules on Cross-Border Investment and the World Trade Organisation

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Marcus Peter

Multilateral Rules on Cross-Border Investment and the World Trade Organisation

Series: Saarbrücker Studien zum Internationalen Recht

Volume 42 2009

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TRIMS Agreement S. 117-127

„… 117II. Agreement on Government ProcurementRegarding provisions under the AGP only two disputes were …” „… and interpretation of AGP provisions.III. GATS / TRIPS / SCM AgreementThe GATS and TRIPS Agreement …” „… provisions have been part of numerous WTO dispute settlement procedures.766 However, since both agreements …”

SCM Agreement S. 113-114

„… importance of the TRIPS Agreement for making foreign direct investment decisions.734This kind of influence …” „… deems the TRIPS Agreement to be related to multilateral investment rules.Consequently, experience drawn …” „… from such agreement might be of valuable content for the establishment of the Agreement within or even …”

Agreement on Government Procurement S. 117

„… 117II. Agreement on Government ProcurementRegarding provisions under the AGP only two disputes were …” „… and interpretation of AGP provisions.III. GATS / TRIPS / SCM AgreementThe GATS and TRIPS Agreement …” „… provisions have been part of numerous WTO dispute settlement procedures.766 However, since both agreements …”

GATS / TRIPS / SCM Agreement S. 117

„… 117II. Agreement on Government ProcurementRegarding provisions under the AGP only two disputes were …” „… and interpretation of AGP provisions.III. GATS / TRIPS / SCM AgreementThe GATS and TRIPS Agreement …” „… provisions have been part of numerous WTO dispute settlement procedures.766 However, since both agreements …”

Balanced Agreement / Legitimacy / Credibility of the WTO S. 140-144

„… may be considered as valuable addendum to the preference of the WTO forum.VII. Balanced Agreement …” „… / Legitimacy / Credibility of the WTOThe new Agreement only seems to become successful if it will be designed …” „… as agreement reaching the most possible balance between the a) specific characteristics of foreign …”

Upfront Arguments in Favour of the Agreement S. 80-83

„… Agreement among international public institutions giving advice or conducting research on trade and …” „… of prospective negotiations – will be crucial for the success of negotiating the Agreement. The …” „… creation of the Agreement are worth to be mentioned upfront because of their high value to the debate. I …”

Government Procurement S. 105-106

„… next trade round.B. Rules in WTO AgreementsRules somehow being related to or having an impact on667 …” „… unite the framework of scattered investment rules among several WTO agreements in the Agreement. Already …” „… agreements annexed to the WTO-Agreement. Not all of these rules668 – however most of them – stipulate binding …”

Historical Introduction S. 102-105

„… next trade round.B. Rules in WTO AgreementsRules somehow being related to or having an impact on667 …” „… agreement 626 Dymond/Hart 265.627 Van der Borght 14 (citing a speech of former US-president Harry S. Truman …” „… agreements on the security of foreign investment, the avoidance of double taxation and the transfer of …”

Additional Arguments S. 83-100

„… response, such as threatening unilateral withdrawal from the WTO.491The Agreement will be another challenge …” „… (e.g. pertaining to incentive politics). However, if the Agreement is negotiated and concluded in a …” „… Agreement is not necessary to guide and regulate international investment flows. Bilateral agreements are …”

TRIMS S. 109-111

„… a certain limited extent may be described as multilateral agreement regulating and/or liberalising …” „… of GATS are conditioned by the terms contained in the national schedules attached to the agreement …” „… ) included in a new and separate WTO investment agreement or (ii) being part of an amended GATS.698 IV …”

World Bank S. 148-150

„… 148Such a system however is the key to success of the trade agreements and will be the key to the …” „… success of the Agreement. Without effective enforcement means, binding rules of the Agreement would be …” „… might have opposite to the WTO with view to coping with the Agreement. All other above-mentioned aspects …”

United Nations S. 146-148

„… appropriate forum to negotiate and host the Agreement, it becomes obvious that the advantages of this forum …” „… capable and determined to host the Agreement, the disadvantage may be dispensed with by implementing …” „… direct investment liberalisation if the Agreement understands as a balanced concept. And finally, binding …”

Single Undertaking Approach / Flexible Decision-Making Process / Binding Obligations S. 135-139

„… States have established and recognise the principle of differential treatment in various trade agreements …” „… 15 Agreement on Agriculture; Article 27 SCM Agreement; Article 12 TBT Agreement.866 WTO Doha …” „… Uruguay Round Agreements. The agreements had to be accepted or rejected as a whole by all Member States …”

TRIPS S. 111-113

„… TRIMS Agreement should be preserved as it is while negotiating a separate new WTO investment agreement …” „… currently recognisable to negotiate the Agreement.Taking into consideration such opinions and the …” „… establishment of the WGTI (whose work does not directly refer to a revision of the TRIMS Agreement) it appears …”

Regional or Plurilateral Investment Treaties S. 50-53

„… might envisage investing neighbouring countries, thus evoking the creation of international agreements …” „… ), the Unified Agreement for the Investment of Arab Capital in the Arab States (1980), the Agreement for …” „… the Establishment of a Regime for Caribbean Common Market Enterprises (1987), the Agreement Among the …”

DSU S. 114-115

„… excluded from the scope of the subsidy). The SCM Agreement does not expressly state that subsidies are …” „… provisions.744 It can be concluded that, due to the definitions and content of the SCM Agreement, its …” „… acknowledgements make clear that certain rules of the SCM Agreement and their implementation may become part of the …”

Introduction S. 13-18

„… supposed to serve as a basis for negotiations for the Agreement and multilateral rules on cross-border …” „… , as a previous attempt to initiate talks between OECD member States on a multilateral agreement on …” „… that it would rethink its strategy on establishing the Agreement.32 At the end of July 2004 …”

Multilateral Investment Treaty Approaches S. 53-55

„… 53last. The last level could be the Agreement dealing with international investment issues in a …” „… international investment activities. Such a global Agreement does not exist today.265 However, there have been …” „… several attempts to create the Agreement during recent decades, and sectoral specific agreements were in …”

Charter Structure / Transparency / Development Aspects S. 133-135

„… 133Agreement. However, the WTO was created as international organisation by governments and has not …” „… advantage for the WTO in determining the appropriate forum to host the Agreement. This may be due to WTO …” „… under any of the WTO trade agreements. The General Council852 serves as second body and is composed of …”

GATT S. 106-107

„… , in 1979669, a first agreement was negotiated as a result of the Tokyo Round negotiations. The …” „… agreement entered into force in 1981.670 Hereby, government procurement was the first area in which GATT …” „… . The 1981 agreement was amended in 1987. However, scope and coverage of the agreement were considered …”

Abstract S. 9-12

„… 9AbstractNecessity and content of a sophisticated, balanced and legally binding agreement on …” „… multilateral rules for cross-border investment, in particular foreign direct investment, (the »Agreement«) has …” „… creating the Agreement may be viewed as one of the core issues of international economic law. Creation of …”

Evaluation S. 127-128

„… different WTO trade agreements coping with investment measures stipulated by Member States. Such rules are …” „… spread among at least five agreements including the TRIPS Agreement, Agreement on Government Procurement …” „… , GATS or the TRIMS Agreement. In addition, depending on the agreement, a respectable number of disputes …”

GATT 1947 S. 116-117

„… low759 and varies among WTO trade agreements linked to foreign direct investment. I. GATT 1947During …” „… Canada to enter into agreements with foreign investors according to which these were given preference to …” „… /140 clause 5.4 to 5.6.762 GATT L/5504-30S/140 clause 5.10.763 McCulloch 543.117II. Agreement on …”

GATS S. 107-109

„… 107already had become part of the draft agreement676 however later were taken out of the draft …” „… agreement. This gave reason to discuss different alternatives how to implement investment rules in the GATT …” „… agenda. While some proposed one or more additional agreements on foreign direct investment677, others …”

Bibliography S. 153-165

„… ., What Subjects are Suitable for WTO Agreements?, Cambridge University Press (Cambridge: 2002) 157-170 …” „… Dispute Settlement in the OECD Draft Multilateral Investment Agreement,« in: Multilateral Regulation of …” „… ., »Investment Measures, Restrictive Business Practices and Development: Lessons from the Multilateral Agreement …”

Investment Incentives S. 60-63

„… requirements could be subject to regulation in bilateral, regional and multilateral agreements. However, most …” „… investment agreements do not cover performance requirements.315 The only316 binding multilateral agreements …” „… prohibiting or dealing with certain varieties of performance requirements are WTO agreements, namely the …”

States as Negotiating Partners S. 132-133

„… of the Agreement within this forum. There is no other international organisation having a greater …” „… that it is an advantage having only States and not also entities negotiating the Agreement. However …” „… conditions of the Agreement, serious and sophisticated input from non-governmental organisations may not be …”

Broad Trade Mandate S. 130-132

„… numerous WTO agreements include certain investment provisions mainly indirectly referring to foreign direct …” „… investment. These provisions are scattered among several trade agreements. However, almost all of them are of …” „… for hosting the Agreement. First, Member States of the WTO were already successful in negotiating and …”

OECD S. 150

„… 150III. OECDThe OECD may provide another suitable forum to host the Agreement. First, its mandate …” „… would cover the establishment of such Agreement. Second, the organisation already has gained valuable …” „… comparable to the DSU. It is necessary to ensure that the Agreement is also covered by a capable and strong …”

Dispute Settlement S. 69-71

„… 69To include transparency in the prospective Agreement would constitute another issue408 pertaining …” „… will be less reluctant for an Agreement on transparency rules than for other substantive issues …” „… other trade agreements and because everybody would have to concede negotiating stances in a balanced …”

DSU S. 139-140

„… the quality of the Agreement but also its legitimacy and credibility. In addition, the combination of …” „… highquality Agreement.3. Binding ObligationsFinally, due to the binding character of the WTO rules …” „… , prospective obligations under the Agreement will also be of binding and enforceable character. This is a major …”

Trade-Type Approach S. 145-146

„… 145Agreement demand Member States to bring their national legislative and administrative rules in …” „… trade-type approach to the Agreement – meaning the application of trade-experienced principles to foreign …” „… Agreement. However, the GATS Agreement is one prominent example where workable solutions for the application …”

Investor Responsibilities S. 63-65

„… occasions and the negotiations on the Agreement have to find a way to saliently deal and resolve these …” „… rules are widespread among international agreements that are mainly of nonbinding nature. The connection …” „… multilateral agreement. While regional investment agreements generally refer to these issues, e.g. NAFTA …”

Expropriation and Compensation S. 65-67

„… advantages.376 Besides, inclusion of this subject matter in the Agreement could provide development gains377 …” „… agreements – propelling and liberalising trade worldwide. These conflicts will have to be resolved during …” „… prospective negotiations on the Agreement regardless of whether they will ultimately form part of the …”

Existing Investment Rules S. 129-130

„… 129Chapter Four: Forum to Host the AgreementBefore the miscarrying of the Ministerial Conference in …” „… Agreement in due time. At that point of time (and until August 2007) no other international organisation had …” „… shown efforts to create the Agreement. The text of the Doha Declaration provided an acceptable basis for …”

Implementation of WTO Rules S. 115-116

„… preferable because being concentrated in one forum.754 On the other hand, a prospective Agreement could …” „… . Instead, other WTO trade agreements may include rules having a direct or indirect effect on foreign direct …” „… investment activities, e.g. the basic telecommunications agreement and the financial services agreement both …”

Non-Discrimination S. 55-59

„… or even the Agreement.278 Together, they form an international investment framework.279 The …” „… incrementally increasing number of bilateral, regional and sectoral multilateral investment agreements over the …” „… creating one single Agreement. Whether this goal is attractive or redundant will be discussed later on …”

Performance Requirements S. 59-60

„… important than the former, i.e. the adoption and enforcement of relevant laws.When negotiating the Agreement …” „… subject to regulation in bilateral, regional and multilateral agreements. However, most investment …” „… agreements do not cover performance requirements.315 The only316 binding multilateral agreements prohibiting …”

Summary of Arguments S. 100-101

„… to work efficiently, parties of the Agreement would have more trust in such system and presumably …” „… all parties upon one party that violates or impairs obligations of the Agreement. While a bilateral …” „… agreement only offers pressure by one treaty partner, the great number of treaty partners of the Agreement …”

No Direct Obligations on Entities S. 144-145

„… major momentum, which is estimated to be important as regards disputes under the Agreement. This …” „… Agreement. Therefore, if negotiators have the impression that it is inevitable to provide for an …” „… individual-to-State mechanism to other trade agreements. The investor-to-State mechanism is a particularity of foreign …”

Investor S. 78-79

„… 78They are mainly interested in a balanced Agreement.467 Negotiators should rather consider this …” „… sought. Such co-ordinating rules are, for example, included in the WTO-Agreement. For instance, Article …” „… III:5 of the WTO-Agreement proposes to co-operate with the IMF and the International Bank for …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Agreement 811. Fading Trust in International Organisations 812. Multilateral Reluctance 82II. Additional …” „… Rules 102A. Historical Introduction 102B. Rules in WTO Agreements 105I. Government Procurement 105II …” „… . GATT 106III. GATS 107IV. TRIMS 109V. TRIPS 111VI. SCM Agreement 113VII. DSU 114C. Implementation of …”

Introduction to Different Investment Activities S. 19-35

„… unambiguous definition of the term investment before drawing up the Agreement. Firstly, the definition of …” „… investment, being the central and crucial53 element to the operation of the Agreement, will play an important …” „… role in determining the normative scope and content of the Agreement.54 Secondly, a univocal definition …”

Taxation S. 67-68

„… the status quo of national investment rules at the effective date of the prospective Agreement. The …” „… standstill and rollback provisions of the Agreement describe the modification of the status quo. The …” „… restrictive than at the date of effect of the Agreement.395The draft of the MAI contained a standstill …”

Transparency S. 68-69

„… the initial agenda of negotiations for the Agreement. If it is included in the agenda, it should be …” „… common and accepted principle of many international agreements (in particular WTO agreements). With view …” „… . 183 et seqq. 69To include transparency in the prospective Agreement would constitute another issue408 …”

Host Countries of Investment S. 72-76

„… bilateral and regional trade agreements instead of using the WTO forum increased strongly.429 There are many …” „… inherent in a mix of bilateral and regional agreements indeed is contentious.430 As this chapter evaluates …” „… Agreement. In fact, reasonably concluded multilateral rules on investment should balance rights and …”

Non-Governmental Organisations S. 77-78

„… have to be addressed during negotiations for the Agreement.Finally, an additional interest of the home …” „… introduced before, bilateral and regional investment agreements address State-to-State and/or …” „… , provisions of the Agreement dealing with dispute resolution will certainly be commented and influenced by …”

Evaluation of Arguments S. 146

„… appropriate forum to negotiate and host the Agreement, it becomes obvious that the advantages of this forum …” „… capable and determined to host the Agreement, the disadvantage may be dispensed with by implementing …” „… direct investment liberalisation if the Agreement understands as a balanced concept. And finally, binding …”

Interim Result: Preference for Multilateral Rules S. 101

„… refer to corporate responsibility, a multilateral agreement can be able to emphasise this sector and …” „… strategy pertaining to the Agreement. At the moment, besides the WTO no other international organisation …” „… currently shows serious efforts to create the Agreement. And even within the WTO, Member States cannot agree …”

History and Effect of Bilateral Investment Treaties S. 44-50

„… Treaties1. History of Bilateral Investment TreatiesA bilateral investment treaty is an agreement between …” „… bilateral investment agreement registered with UNCTAD in 1983 and 1985.212 However, their participation …” „… factors other than investment agreements.224 This opinion was confirmed by the UNCTAD World Investment …”

The Term ›Investment‹ in the WGTI of the WTO S. 37-43

„… Agreement either in the WTO or in another international organisation.In the wake of the failure in Cancun in …” „… investment activities is of high importance for practical negotiations to conclude the Agreement.During the …” „… negotiations on the Agreement must deal with such definitions up front.During the first two meetings no …”

Individuals S. 79-80

„… .471 This might be the reason, why, in recent years, the business lobby seemed to oppose the Agreement …” „… in its broad form.472In any case, the Agreement will have positive effects for investors such as …” „… legal certainty. Negative effects also will exist since such an Agreement takes away negotiation …”

Conclusion S. 151-152

„… Agreement, it was shown that (i) multilateral rules on investment are preferable in comparison to bilateral …” „… investment treaties and (ii) the WTO is the most appropriate forum negotiating and hosting the Agreement …” „… similar strong framework, experience, understanding and capacity to negotiate the Agreement, which shall …”

Standstill and Rollback Provisions S. 67

„… the status quo of national investment rules at the effective date of the prospective Agreement. The …” „… standstill and rollback provisions of the Agreement describe the modification of the status quo. The …” „… restrictive than at the date of effect of the Agreement.395The draft of the MAI contained a standstill …”

Home Country of Investment S. 76-77

„… general, welcome multilateral investment rules in one Agreement. On the other hand, they might show …” „… bilateral investment rules.456 Such rules would be influenced by the Agreement. A party of a bilateral or …” „… any other investment agreement almost in every case might be host and home State. Therefore …”

Interim Result S. 71

„… , the new Agreement would have to find own ways, eventually by adopting modifications of approved …” „… bodies of the Agreement. Even the implication of sanctions was already proposed but – with regard to …” „… agreement levels it remains certain that many issues will be encountered controversially by negotiators of …”

DSU S. 144

„… major momentum, which is estimated to be important as regards disputes under the Agreement. This …” „… Agreement. Therefore, if negotiators have the impression that it is inevitable to provide for an …” „… individual-to-State mechanism to other trade agreements. The investor-to-State mechanism is a particularity of foreign …”

The Term ›Investment‹ in the Doha Declaration S. 35-37

„… credits, loans (including financial lease and repurchase agreements), currency (notes and coins in …” „… WTO-Agreement concerning multilateral rules on investment.144 It refers to long-term cross-border investment …” „… several trade agreements. This makes investment a traderelated issue because investment is a major element …”

Interim Result S. 55

„… or even the Agreement.278 Together, they form an international investment framework.279 The …” „… incrementally increasing number of bilateral, regional and sectoral multilateral investment agreements over the …” „… creating one single Agreement. Whether this goal is attractive or redundant will be discussed later on …”

International Institutions S. 80

„… Agreement among international public institutions giving advice or conducting research on trade and …” „… of prospective negotiations – will be crucial for the success of negotiating the Agreement. The …”

Interim Result S. 80

„… Agreement among international public institutions giving advice or conducting research on trade and …” „… of prospective negotiations – will be crucial for the success of negotiating the Agreement. The …”

Investment Activities Worldwide 1990-2007 S. 43-44

„… international organisation achieving to host negotiations on the Agreement should become the first international …” „… Treaties1. History of Bilateral Investment TreatiesA bilateral investment treaty is an agreement between …”

Interim result: The term ›Investment‹ S. 43

„… international organisation achieving to host negotiations on the Agreement should become the first international …”

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