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2 Juillet 2020
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By continuing, you agree to the use of cookies.This paper contributes to the nascent literature on conceptualizing change in the international investment regime complex.I then argue we can understand the incremental evolution of the international investment regime complex through the lens of political legitimacy.The politicization of international investment agreements and the expansion of the community to whom legitimacy is owed create space for new legitimacy requirements for the regime complex.I first outline the contours of state-led reform efforts to show they are procedural and incremental in nature, rather than substantive and transformative.However, the ability of states to fulfill these requirements is heavily mediated by the existing social structure and institutionalized norms of the regime complex. The Trade Regime Complex and Megaregionals.
The increased institutional p roduction of norms in the international realm leads to both horizontal interface conflicts at the same level of governance (e.Second, an agreement on substantive meta-norms is considered to be practically.However, contrary to nation-states and the European Union (EU), the international system lacks an integrative institutional framework or a ?final authority. 2. Cambridge, New York: Cambridge University Press.States that seek to develop new international rules may choose one of the overlapping institutions for that purpose.They can decide where to submit an initiative for normative change and which of two or more contradicting rule- sets to implement.? Thus, constitutionalization is seen as an appropriate response to the fragmentation of constitutional sources (Walker 2002). The Regime Complex for Climate Change.
The UNFCCC can continue to play an umbrella role and perform essential functions, such as providing a legal framework, developing information, and creating a forum for negotiations.Instead, there is a regime complex: a loosely coupled set of specific regimes.From a strategic standpoint, the benefits of a comprehensive regime may not seem sufficient to justify the bargaining efforts and concessions that would be required of individual states with often divergent interests.We first describe the variety of problems that are addressed by regulatory action on climate change.41454.4517.986
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Additional analyses also show that investment provisions in PTAs draw heavily from those of BITs, but BITs draw less from PTAs.The results of principal component analysis of provisions in PTAs and BITs support the hypothesis of complementarity.It advances the scholarship on regime complexity, in which non-hierarchical and overlapping institutions regulate investment.Utilizing an original data set of investment provisions in PTAs and for BITS data provided by UNCTAD?s International Investment Agreements (IIA) project, the analysis examines how these two international agreements have co-evolved in terms of institutional design in guiding principles, scope, and enforcement.
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They tend to be more similar to those suggested by the EU at the WTO and more modest than the TPP, not including the key issues of the free flow of data or data localization. The GDPR has implications for digital trade.The objective here will be to prohibit governments from holding digital firms liable for third-party content and to have harmonized rules on this.Google Scholar Crossref Search ADS WorldCat.Extending the nondiscrimination principle to digital goods and services.Intermediary liability refers to the ability of internet companies to hold material by third parties without being legally responsible for any illegal material or content.
Dozens of countries are reviewing their extant international investment agreement commitments, fueling the global debate about the future of investment protecti.
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