Frontiers of International Economic Law

Legal Tools to Confront Interdisciplinary Challenges

Confronted with today’s global interdisciplinary challenges, international economic law offers a myriad of legal tools to provide both procedural and substantive solutions. Frontiers of International Economic Law: Legal Tools to Confront Interdisciplinary Challenges will appeal to those interested in the general theory of international economic law, but also readers looking for innovative answers to practical questions will also be pleased to find a broad array of topics structured along four frontier themes: facing economic crises and uncertainties, confronting environmental challenges, considering human rights and development objectives, and finally, regulating energy transit and new technologies. The contributions presented here will help to push forward, through promoting and developing the rule of law, the – at times contentious – frontiers of international economic law.

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Freya Baetens (Cand.Jur./Lic.Jur. (Ghent); LL.M. (Columbia); Ph.D. (Cambridge)) is Associate Professor of Law, Director of Studies and Head of the LUC Research Centre at Leiden University and Visiting Professor at the World Trade Institute in Berne. As an associate lawyer with VVGB (Brussels Bar), she regularly acts as counsel or expert in international disputes.

José Guilherme Moreno Caiado is a Ph.D. candidate at the Graduate School in Law and Economics of the University of Hamburg with a DFG scholarship, and a Marie Curie Fellow of the Dispute Settlement in Trade (DISSETTLE) project. He holds a Master in Latin-American Integration from the São Paulo University (PROLAM/USP) as well as a legal specialization in trade law from the European Institute in Saarbrücken.
ACKNOWLEDGMENTS

PREFACE BY THE EDITORS

BIOGRAPHIES

LIST OF ABBREVIATIONS

Facing Economic Crises and Uncertainties

The Forgotten GATT Articles on Exchange Rates
An Hertogen

An Optimal Global Regime for Regulating Credit Rating Agencies in the Post-Financial Crisis Era
Kuan-Chun Chang

Confronting Environmental Challenges

Protected Areas under the Convention on Biological Diversity in International Investment Law: Conflicts and Solutions
Matthäus Fink

Extraterritorial Unilateral Measures in the WTO: the EU Emission Trading Scheme as Applied to Aviation
Daniela Gómez Altamirano

Climate Change Mitigation from the Bottom Up: Using Preferential Trade Agreements to Promote Climate Change Mitigation
Rafael Leal-Arcas


Considering Human Rights and Development Objectives

Guaranteeing Socio-Economic Rights through Public-Private Partnerships between Host State and Foreign Investor: the Example of Ghana's Public Housing Project
Lars Schönwald

Determination of Compensation in Investor–State Arbitrations: Is There a Place for Human Rights Considerations?
Filip Balcerzak

Are Feed-in Tariff Schemes with Local Content Requirements Consistent with WTO Law?
Jan-Christoph Kuntze and Tom Moerenhout


Regulating Energy Transit and New Technologies

Energy Transit in International Law: Concept and Challenges
Beatriz Huarte Melgar

Energy Transit in the Tangled Web of RTAs: the Relationship between GATT Articles V and XXIV in the Context of Energy Goods
Mikella Hurley

Internet Service Providers’ Secondary Liability for Trademarks Violations in the EU and the US
Anna Giulia Micara
This book is intended for a global audience, including established academics and practitioners as well as those at the start of their career, in the fields of public as well as private international law.