The Journal of

WORLD INVESTMENT & TRADE

ABSTRACTS

Faisal A.S.A. Albashar and A.F.M. Maniruzzaman: Reforming the WTO Dispute Settlement System: A Rethink of the Third Party Right of Access to Panel and Appeal Processes from Developing Countries' Perspectives

One of the evolving issues that have stimulated a real debate among WTO members is the reform of third party rights. The aim of this study is to analyse the importance of such rights for developing counties, showing how exercising them more widely could give developing counties a real insight into the functioning of the DSM and allow them to familiarise themselves with the system. However, third party rights are often unclear and sometimes confusing; hence, proposals for reform of third party rights in both the panel/AB processes will be evaluated with particular reference to developing countries.

Faisal A.S.A. Albashar, LLB (Honours), Dubai Police Academy , U.A.E, LLM ( Hull ), and PhD ( Portsmouth ), Head, Finance Department and Lecture in Law, Dubai Police Academy , U.A.E.

A.F.M. Maniruzzaman, LLB (Honours), LLM (Dhaka), M.Int’l.Law (ANU), PhD (Cambridge), FRSA, MCIArb, Professor of International and Business Law, School of Law, University of Portsmouth, U.K. and Honorary Fellow (Professorial), Centre for Energy, Petroleum, and Mineral Law and Policy, University of Dundee; Council Member, ICC Institute of World Business Law, Paris; Advisory Board & Academic Council Member, the Institute of Transnational Arbitration, U.S.A., Member, Swiss Arbitration Association; Member, European Court of Arbitration. He is a founding member of the IDR Group® (international dispute resolution specialists: idrgroup.org), based at Lamb Chambers, London .

Xiuli Han: Environmental Regulation of Chinese Overseas Investment from the Perspective of China

With the increasing international attention to environmental pollution aroused by China ’s overseas investment, the overseas environmental protection, as a legal issue faced by China ’s government and overseas investors, attracts the author’s interest. At present, the legal obligations that could play normative roles on environmental problems, including different existing regulations from Chinese law, international law and the administrative law of international organization, are not enough. Therefore, the author suggests that the Chinese government, as the parent state, should be careful to overseas environmental protection and adopt more legal measures from national and international levels actively to deal with the overseas environmental problems.At the same time, the need for international organizations to play a part in regulating China’s overseas investment can not be ignored.

Xiuli Han, LL.B. and LL.M.( Northeast Normal University ), PhD( Xiamen University ) is an Associate Professor of the School of Law at Xiamen University , People’s Republic of China .

Warren H. Maruyama and Charles B. Rosenberg: The Investment Chapter of the U.S.-Colombia FTA: New Protections for U.S. Investors

In the debate over the United States-Colombia Trade Promotion Agreement (“U.S.-Colombia FTA”), the United States should keep in mind the investment protections in Chapter 10.  These provisions will benefit U.S. multinational companies and investors by providing heightened protections against the risk of expropriations, discriminatory actions, and other government measures that may generate future investment disputes between U.S. investors and Colombia .  This, in turn, will encourage U.S. businesses to engage in foreign direct investment in further developing Colombia ’s economy and natural resources.  Finally, over time, the expanded presence of U.S. companies, increased trade, and adherence by both Parties to the norms set out in the Agreement can only further strengthen the rule of law and respect for human rights.

Warren H. Maruyama is a partner in the international trade practice group of Hogan & Hartson LLP.  Mr. Maruyama assists clients on a range of international trade matters, including U.S. trade policy, U.S. trade legislation, World Trade Organization (“WTO”) and North American Free Trade Agreement disputes, and improved market access through bilateral, free trade agreement (“FTA”), and WTO trade negotiations.  From 2007 to 2009, Mr. Maruyama served as General Counsel for the U.S. Trade Representative.  In this position, he oversaw WTO and FTA disputes, participated in Doha Round and FTA negotiations, and worked with Congressional leaders on FTAs and trade legislation.

Charles B. Rosenberg is an associate in the international trade practice group of Hogan & Hartson LLP.  Mr. Rosenberg concentrates on international trade litigation before the London Court of International Arbitration, the World Trade Organization, U.S. federal courts, and U.S. administrative agencies.

Muhammed Mustapha Akanbi: Privatisation and Commercialisation of Investments: How Beneficial Are They to Developing Economies in Africa ?

Emerging markets present exciting challenges for international finance and foreign investments. New markets have the potential for remarkably high returns while simultaneously harbouring substantial risks. The emergence of new market is one of the most important aspects of foreign investments, finance and economic developments in Africa . A prime indicator of an emerging market is the departure from public sector led development to private sector driven economy. Major programmes for promoting private sector participation include trade liberalisation, deregulation of interest rates, privatisation and commercialisation. This article examines the prospects and challenges of the deregulatory policies of privatisation and commercialisation on the economies of developing nations in Africa .

Muhammed Mustapha Akanbi, LLB (Ife), LLM (Lag), Phd (KCL, London), ACIarb (UK); Dean, Faculty of Law, University of Ilorin, Nigeria and Chairman, Nigeria Bar Association, Ilorin Branch, Kwara, Nigeria.

Roland Kläger: Fair and Equitable Treatment: A Look at the Theoretical Underpinnings of Legitimacy and Fairness

Fair and equitable treatment is a prominent standard in the area of international investment law that has provoked considerable debate. On the basis of an analysis of doctrine and case law, this article critically reviews the past and present approach towards fair and equitable treatment and its theoretical underpinnings. The article suggests that the standard’s conceptualisation demands further attention and proposes a possible method to assess the legitimacy of the standard based upon Thomas M. Franck’s theory on fairness in international law.

Roland Kläger, First Legal State Exam (Freiburg), is a Doctoral Candidate at the University of Tübingen and a Trainee Lawyer in Frankfurt . He was a Research Fellow at the Institute for Public Law (Section 1: European and Public International Law), University of Freiburg, and a Visiting Fellow at the Lauterpacht Centre for International Law, University of Cambridge ( United Kingdom ).

Jacques Werner: Arbitral Chronicle VI—Ensuring a Level Playing Field: How Far to Go?

Jacques Werner is an International Commercial Arbitrator in Geneva, Switzerland and the Chairman of the Geneva Global Arbitration Forum.