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Stephan W. Schill and Heather L. Bray

Trade Organization (WTO), regional trade agreements, and bilateral investment treaties (BITs). To this list, a fourth criterion is sometimes added, namely the ability of the agreement to transform into a pillar of economic governance. See Global Agenda Council on Trade and Foreign Direct Investment, Mega-Regional Trade Agreements: Game-Changers or Costly Distractions for the World Trading System? (2014) 7, available at ; see also Peter Draper, Simon Lacey & Yash

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Tania Voon and Elizabeth Sheargold

-tpp-agreement-big-things-are-still-possible . of trade and investment agreement. The agreement is also potentially revolutionary in the depth and breadth of its provisions. TPP countries have proclaimed its significant impact in eliminating “more than 98 per cent of tariffs in the TPP region.” Austl. Gov’t., Dep’t Foreign Affairs & Trade, Trans-Pacific Partnership Agreement: Outcomes at a Glance , 1 (last updated Oct. 6, 2015). See also U.S. Trade Representative, The Trans-Pacific Partnership: Overall US Benefits Fact Sheet: TPP eliminates over 18,000 taxes that various countries impose on Made

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Haydn Davies

, Investment Treaty Arbitration as a Species of Global Administrative Law , 17 Eur. J. Int’ l 121-50 (2006). As such, both developing and developed states favour investment agreements; developing states, because they facilitate foreign direct investment, and developed states, because they offer an attractive trading platform for private actors - invariably economically important multinational corporations - amongst others, with the introduction of an ISDS mechanism which avoids the diplomatic and political vagaries of state-state settlement‥ However, there are some

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Don Mayer and Adam Sulkowski

:// See also Jonathan O ’ Connell & Mary Jordan, For Foreign Diplomats, Trump Hotel Is Place to Be , Wash. Post Nov. 18, 2016. In being both a tenant and, as President, arguably chief executive of the entity that owns the old Post Office Building on Pennsylvania Avenue, there is a direct conflict of interest between the President’s private interests and compliance with the rule of law; as Judge Messitte notes in his March 2018

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Phoenix X. F. Cai

, rules involving the largest amounts of foreign direct investment, rules involving goods or services contributing significantly to U.S. imports or exports, or all rules that the United States notifies to the WTO’s Technical Barriers to Trade Committee. Using the latter approach, one commentator estimates that of the over 3500 rules the United States issues every year, approximately an average of 20% likely has a significant impact on international trade and investment. Id . at 102-07. Nonetheless, each regulatory agency must undertake its own subjective qualitative

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Stephen R. Tully

increase in medicine prices, and that data protection provisions delayed the introduction of generic equivalents for 79 percent of new medicines. Oxfam International, All Costs, No Benefits: How TRIPS-Plus Intellectual Property Rules in the U.S.-Jordan FTA Affect Access to Medicines , Oxfam Briefing Paper, 2, 15 (2007). The putative benefits of this treaty promoted at the time of its conclusion were not realised: there was no increased foreign direct investment in Jordan’s pharmaceutical industry, greater research and development or swifter introduction of innovative

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Bruce M. Owen

on legislation except through elections or pushback from the other two branches. Regulation that is more direct tends to invade foundational rights that serve important general constitutional purposes. Systemic political corruption is costlier today than in 1788 because the substantive jurisdiction of the federal government is no longer limited. Washington now regulates nearly every form of human interaction, economic and social. This provides a virtually unlimited menu of opportunities for elite interests and political representatives to design mutually

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Peter H. Huang

are investors in human capital by acquiring the skills of legal analysis. More generally, pursuing any professional degree is a form of investment under uncertainty. Many variables are unknown and likely unknowable, such as future market returns of a professional degree. The past is never a guarantee of the future. The market for attorney services is under intense flux and pressure due to increasing automation, domestic and foreign competition from non-lawyers, and technological changes in the delivery of legal services. See, e.g ., Benjamin H. Barton & Stephanos