Activities per year
Abstract
Export controls have received little attention in international trade law. Considering recent decisions in trade disputes involving Chinese control of exports, the area has received renewed interest. This article explores the effect of export controls and their connection with indirect expropriation, especially where export controls are imposed by host states to alleviate shortages. Such controls may prevent a foreign investor from earning revenue through resource exports. The article posits that, in certain situations, export controls can be deemed expropriatory and, therefore, in the settlement of investment disputes between host states and foreign investor, the interpretation of General Agreement on Tariffs and Trade (‘GATT’)/World Trade Organization (‘WTO’) jurisprudence on the area may play a useful role because of the ad hoc nature of investor-state dispute settlement (‘ISDS’) arbitration and due to the lack of precedent in international investment law. However, this role can at best be an initial point, and that space must be reserved for international investment jurisprudence to develop more organically.
Original language | English |
---|---|
Title of host publication | New Zealand Yearbook of International Law |
Editors | Jan Jakob Bornheim, Christian Riffel |
Place of Publication | Leiden |
Publisher | Brill |
Chapter | 3 |
Pages | 76-117 |
Number of pages | 41 |
Volume | 16 |
ISBN (Electronic) | 978-90-04-42326-8 |
ISBN (Print) | 978-90-04-42325-1 |
DOIs | |
Publication status | Published - 9 Apr 2020 |
Publication series
Name | New Zealand Yearbook of International Law |
---|---|
ISSN (Print) | 1176-6417 |
Fingerprint
Dive into the research topics of 'The Confluence of International Trade and Investment: Exploring the Nexus between Export Controls and Indirect Expropriation'. Together they form a unique fingerprint.Related Activities
- 1 Oral presentation
-
Exploring the Nexus between Export Controls and Indirect Expropriation
Umair Ghori (Speaker)
21 Jul 2018Activity: Talk or presentation › Oral presentation
-
Export Restrictions and Export Controls: From WTO to the Realm of Global Security
Ghori, U., Dec 2023, Edward Elgar Publishing. 390 p.Research output: Book/Report › Book › Research › peer-review
-
Submission in response to the proposed extension of the ADGSM to 2030
Ghori, U., 13 Jul 2022, 2 p.Research output: Other contribution › Submission to government › Research
File