Non-discrimination and the role of regulatory purpose in international trade and investment law

Andrew Mitchell, David Heaton, Caroline Henckels

Research output: Book/ReportBookResearchpeer-review

Abstract

Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Original languageEnglish
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Number of pages192
Edition1st
ISBN (Electronic)9781785368097
ISBN (Print)9781785368103
DOIs
Publication statusPublished - 15 Dec 2016

Publication series

NameLaw 2016

Cite this

Mitchell, Andrew ; Heaton, David ; Henckels, Caroline. / Non-discrimination and the role of regulatory purpose in international trade and investment law. 1st ed. Cheltenham : Edward Elgar Publishing, 2016. 192 p. (Law 2016).
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Non-discrimination and the role of regulatory purpose in international trade and investment law. / Mitchell, Andrew ; Heaton, David; Henckels, Caroline.

1st ed. Cheltenham : Edward Elgar Publishing, 2016. 192 p. (Law 2016).

Research output: Book/ReportBookResearchpeer-review

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