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- Acknowledgements
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- Chapter 01
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Performance requirement prohibitions in international investment law
Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States. A number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This dissertation focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this dissertation: proposes a unitary understanding of PRPs in IIAs; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims...
Show morePerformance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States. A number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This dissertation focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this dissertation: proposes a unitary understanding of PRPs in IIAs; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future.
Finally, this dissertation formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
Show less- All authors
- Genest, A.
- Supervisor
- Koppenol-Laforce, M.E.; Baetens, F.; Dumberry, P.
- Committee
- De Brabandere, E.C.P.D.; Desierto, D.A.; Lévesque, C.; VanDuzer, J.A.; Gruni, G.
- Qualification
- Doctor (dr.)
- Awarding Institution
- Law , Leiden University
- Date
- 2017-10-17
- Publisher
- S.l.: s.n.
Funding
- Sponsorship
- Vanier Canada Graduate Scholarship Program