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Investor-state Dispute Settlement
Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which countries can be sued by foreign investors for certain state actions affecting foreign direct investment (FDI). This system most often takes the form of international arbitration between a foreign investor and the nation receiving the FDI. ISDS is a unique instrument of public international law, granting private parties (the foreign investors) the right to sue a sovereign nation in a forum other than that nation's domestic courts. Investors are granted this right through international investment agreements between the investor's home nation and the host nation. Such agreements can be found in bilateral investment treaties (BITs), certain international trade treaties (such as the United States–Mexico–Canada Agreement), or other treaties like the Energy Charter Treaty. To bring an ISDS claim before an arbitral tribunal, an investor from one country must have an investment in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Direct Investment
A foreign direct investment (FDI) is an investment in the form of a controlling ownership in a business in one country by an entity based in another country. It is thus distinguished from a foreign portfolio investment by a notion of direct control. The origin of the investment does not impact the definition, as an FDI: the investment may be made either "inorganically" by buying a company in the target country or "organically" by expanding the operations of an existing business in that country. Definitions Broadly, foreign direct investment includes "mergers and acquisitions, building new facilities, reinvesting profits earned from overseas operations, and intra company loans". In a narrow sense, foreign direct investment refers just to building new facility, and a lasting management interest (10 percent or more of voting stock) in an enterprise operating in an economy other than that of the investor. FDI is the sum of equity capital, long-term capital, and short-term capital ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retorsion
Retorsion (from french: rétorsion, from la, retortus, influenced by Late Latin, 1585–95, ''torsi'', a twisting, wringing it), a term used in international law, is an act perpetrated by one nation upon another in retaliation for a similar act perpetrated by the other nation. A typical example of retorsion is the use of comparably severe measures against citizens of the foreign nation found within the borders of the retaliating nation after the foreign nation has engaged in similar acts. It is different from a reprisal in that the retorsion is always an action in conformity with international law, though unmistakably an unfriendly one. Examples include international trade, where disputes within the World Trade Organization are typically tackled in this manner, if Dispute settlement in the World Trade Organization, dispute settlement does not reach its goal. The term is also used to refer to the least aggressive response to a cyberattack. Retorsion also signifies the act by which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North American Free Trade Agreement
The North American Free Trade Agreement (NAFTA ; es, Tratado de Libre Comercio de América del Norte, TLCAN; french: Accord de libre-échange nord-américain, ALÉNA) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. The NAFTA trade bloc formed one of the largest trade blocs in the world by gross domestic product. The impetus for a North American free trade zone began with U.S. president Ronald Reagan, who made the idea part of his 1980 presidential campaign. After the signing of the Canada–United States Free Trade Agreement in 1988, the administrations of U.S. president George H. W. Bush, Mexican President Carlos Salinas de Gortari, and Canadian prime minister Brian Mulroney agreed to negotiate what became NAFTA. Each submitted the agreement for r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chilling Effect
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plainl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Office Of The United States Trade Representative
The Office of the United States Trade Representative (USTR) is an agency of the Federal government of the United States, United States federal government responsible for developing and promoting Trade policy of the United States, American trade policy. Part of the Executive Office of the President of the United States, Executive Office of the President, it is headed by the U.S. Trade Representative, a Cabinet of the United States, Cabinet-level position that serves as the U.S. President's primary advisor, negotiator, and spokesperson on trade matters. USTR has more than two hundred employees, with offices in Geneva, Switzerland, and Brussels, Belgium. USTR was established as the Office of the Special Trade Representative (STR) by the Trade Expansion Act of 1962, leads trade negotiations at bilateral and multilateral levels, and coordinates trade policy with other government agencies through the Trade Policy Committee (TPC), Trade Policy Committee Review Group (TPCRG), and Trade ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NAFTA Logo
The North American Free Trade Agreement (NAFTA ; es, Tratado de Libre Comercio de América del Norte, TLCAN; french: Accord de libre-échange nord-américain, ALÉNA) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. The NAFTA trade bloc formed one of the largest trade blocs in the world by gross domestic product. The impetus for a North American free trade zone began with U.S. president Ronald Reagan, who made the idea part of his 1980 presidential campaign. After the signing of the Canada–United States Free Trade Agreement in 1988, the administrations of U.S. president George H. W. Bush, Mexican President Carlos Salinas de Gortari, and Canadian prime minister Brian Mulroney agreed to negotiate what became NAFTA. Each submitted the agreement f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NAFTA
The North American Free Trade Agreement (NAFTA ; es, Tratado de Libre Comercio de América del Norte, TLCAN; french: Accord de libre-échange nord-américain, ALÉNA) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. The NAFTA trade bloc formed one of the largest trade blocs in the world by gross domestic product. The impetus for a North American free trade zone began with U.S. president Ronald Reagan, who made the idea part of his 1980 presidential campaign. After the signing of the Canada–United States Free Trade Agreement in 1988, the administrations of U.S. president George H. W. Bush, Mexican President Carlos Salinas de Gortari, and Canadian prime minister Brian Mulroney agreed to negotiate what became NAFTA. Each submitted the agreement for rati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bilateral Investment Treaty
A bilateral investment treaty (BIT) is an bilateral treaty, agreement establishing the terms and conditions for private investment by nationals and companies of one Sovereign state, state in another state. This type of investment is called foreign direct investment (FDI). BITs are established through trade pacts. A nineteenth-century forerunner of the BIT is the "friendship, commerce and navigation treaty" (FCN). This kind of treaty came in to prominence after World Wars when the developed countries wanted to guard their investments in developing countries against expropriation. Most BITs grant investments—made by an investor of one Contracting State in the territory of the other—a number of guarantees, which typically include fair and equitable treatment, protection from expropriation, free transfer of means and full protection and security. The distinctive feature of many BITs is that they allow for an alternative dispute resolution mechanism, whereby an investor whose rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Direct Investment
A foreign direct investment (FDI) is an investment in the form of a controlling ownership in a business in one country by an entity based in another country. It is thus distinguished from a foreign portfolio investment by a notion of direct control. The origin of the investment does not impact the definition, as an FDI: the investment may be made either "inorganically" by buying a company in the target country or "organically" by expanding the operations of an existing business in that country. Definitions Broadly, foreign direct investment includes "mergers and acquisitions, building new facilities, reinvesting profits earned from overseas operations, and intra company loans". In a narrow sense, foreign direct investment refers just to building new facility, and a lasting management interest (10 percent or more of voting stock) in an enterprise operating in an economy other than that of the investor. FDI is the sum of equity capital, long-term capital, and short-term capital ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American-Mexican Claims Commission
The American-Mexican Claims Commission, officially known as the General Claims Commission (Mexico and United States,) was a commission set up by treaty that adjudicated claims by citizens of the United States and Mexico for losses suffered due to the acts of one government against nationals of the other. The General Commission lasted from 1924–1934, when the mixed U.S.-Mexico commission was abandoned. There was a Special Commission that was set up to deal with claims arising from the era of the Mexican Revolution. Neither commission was successful and in 1934 the two governments engaged in direct bilateral negotiations and came to a settlement. History Since Mexico's independence in 1821, the US and Mexico on a number of occasions had disputes over territory, taxation, and claims by US private citizens. Claims between 1825 and 1839 were arbitrated by a claims convention, on the suggestion of the Mexican government. The convention was established on April 11, 1839. Subsequent comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iran–United States Claims Tribunal
The Iran–United States Claims Tribunal (IUSCT) is an international arbitral tribunal established by the Algiers Accords, an international agreement between the U.S. and Iran embodied in two Declarations by the Government of the Democratic and Popular Republic of Algeria issued on 19 January 1981, to resolve the Iran Hostage Crisis created by the seizure of the U.S. Embassy in Tehran on November 4, 1979. The Khomeini regime held 52 American diplomats hostage for 444 days. In response, the United States froze billions of dollars of Iranian assets, imposed sweeping sanctions on transactions with Iran, and authorized judicial attachment of Iranian assets in the United States. The settlement with Iran, mediated by senior Algerian officials, called for the release of the American hostages, termination of litigation against Iran in U.S. courts, return of frozen assets, payment of outstanding bank loans, and settlement of outstanding property and contract claims of U.S. nationals by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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