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3 pages/≈825 words
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Other
Topic:
Law
Type:
Research Proposal
Language:
English (U.S.)
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Topic:

Strategies to Modernize and Reconcile the World Trade Organization and Investment Treaties to Address Modern Global Challenges (Research Proposal Sample)

Instructions:

my course is international investment law and sustainable development, i want to do research proposal with Oscola reference, i dont have a specific topic so you can choose good topic related to my course.
DISSERTATION OUTLINE:
Please provide an outline (max 1000 words) of the content of your proposed dissertation, addressing the following issues:
(a) What is your research question?
(b) What is the scholarly justification for your question and your contribution to knowledge?
(c) What method(s) will you use to answer your question
(d) What is your proposed chapter structure of your dissertation?
theses are some topics mention in the class which can help you:
1. Introduction, key concepts and main trends.
Course objectives, structure, approach
Foreign investment, sustainable development and the law
History, nature and sources of international investment law
Interplay of national and international law, investor-state contracts
Overview of trends in international investment law, policy and practice
Required readings
Dolzer, R., and Schreurer, R., 2012, Principles of International Investment Law (OUP, 2nd Ed), pp. 1-27.
Bollinger, L.C., and Sauvant, K.P., 2016, “How Investment Agreements Can Protect Free Media”, Project Syndicate, 11 July https://www.project-syndicate.org/commentary/al-jazeera-egypt-free-media-investment-by-lee-c--bollinger-and-karl-p--sauvant-2016-07?barrier=accessreg (also available at http://www.columbia.edu/content/how-investment-agreements-can-protect-free-media.html).
Monbiot, G., 2013, “This Transatlantic Trade Deal is a Full-Frontal Assault on Democracy”, The Guardian, 4 November, https://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy.
2. Investment treaties: standards of treatment and “regulatory space”.
The relationship between standards of treatment and regulatory space
Detailed discussion of selected investment protection standards, particularly expropriation and fair and equitable treatment
Defences, exceptions, carve-outs
Sustainable development dimensions
Required readings
Dolzer, R., and Schreurer, R., 2012, Principles of International Investment Law (OUP, 2nd Ed), pp. 98-166.
Cotula, L., 2014, “Do Investment Treaties Unduly Constrain Regulatory Space?”, Questions of International Law 9:19-31, http://bit.ly/2wMIsAl.
3.A. Investment treaties: Responsible investment.
Social and environmental issues in foreign investment: legal dimensions
Treaty provisions concerning state obligations (e.g. environment, labour)
Treaty provisions concerning investor responsibilities/obligations
Developments in arbitral jurisprudence
Required readings
3.B. Investment treaties: Definitions and scope.
Treaty definitions of “investor” and “investment”, in light of arbitral jurisprudence
Geographic scope
Application ratione temporis and termination clauses
Required readings
Dolzer, R., and Schreurer, R., 2012, Principles of International Investment Law (OUP, 2nd Ed), pp. 44-78.

source..
Content:



Strategies to Modernize and Reconcile the World Trade Organization and Investment Treaties to Address Modern Global Challenges
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Introduction
The World Trade Organization (WTO) holds a convention every two years in Geneva, where member states settle trade concerns. However, the world is experiencing a dynamic change in the legal structures that govern corporations in international trade and issues pertaining to intellectual property, the environment and the autonomy of the members in legislature relating to international investment law. While rapid change is being experienced across the globe, the WTO is yet to make amendments to the policies governing trade as the changes occur. Consequently, there are various crises being experienced presently in multilateral trade. Member states who find common interests in the trade have resolved to develop their own treaties with responsive and resilient international laws.
Research question: What strategies can be employed to modernize and reconcile World Trade Organization, preferential trade and investment agreements to address emerging global challenges?
Research Gap
This research project seeks to review the WTO subsidy agreement to determine if they are congruent with the policy interests which the member states had originally. The research will also access how redundant treaty duties such as the basic necessity for non-discrimination and the preferential trade accords can be replaced or rationalized. Different approaches through which laws on establishments and description of investment can be structured to focus on the identified global issues. And how international investment laws can be employed as a tool rather than an impediment to economic growth and change management.
Justification
The leading concerns of member states include investment treaties, which limit the regulatory autonomy as it appears in the Philip Morris Asia Limited v The Common Wealth of Australian case. The tobacco firm sued the Australian government for passing legislature in an attempt to discourage smoking. The threat of escalating impact of climate change due to lack of adequate structure to steer sustainable management of ecosystems and natural resources presents several challenges. In El Salvador, three companies which intended to mine gold are suing the government for the loss of US $315 million estimated future profits. The companies were denied licenses by the government after a protest by citizens who were concerned that it would result in pollution of their water sources. Similarly, the Argentinian government paid a billion dollars to a water and energy utility firm after seizing the citizens

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