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Persistent link: https://www.econbiz.de/10013347992
This paper surveys the literature on the relationship between international trade in goods and the factors and the environment. Traditional approaches based on the Heckscher-Ohlin trade model and more recent models looking at non-competetive market structures are discussed. Moreover, the paper...
Persistent link: https://www.econbiz.de/10011540481
In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...
Persistent link: https://www.econbiz.de/10013069275
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
have tremendous implications going forward in the world of international investment. It concerned the rights of investors …
Persistent link: https://www.econbiz.de/10013038054
The general attitude of the developing world, towards international law, as exemplified by the TWAIL school of thought … arbitration. The attitude towards international arbitration on the investment-front has been for the developing world a roller … World War II led to a desire for the new States to create their own development strategies as sovereign states, and to oust …
Persistent link: https://www.econbiz.de/10013063354
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The concept of regulatory chill remains one of the most controversial topics in international investment law. To this day, scholars have produced an abundance of academic works with contradictory conclusions on whether the existence of ISDS mechanisms in International Investment Agreements has a...
Persistent link: https://www.econbiz.de/10014356194
FET claims are brought more frequently against economically less well-off States and how the value of the claims poses a challenge to their economies. While reasonable, minds can differ as to the cause of this phenomenon, that is, whether this is due to any particular targeting of the developing...
Persistent link: https://www.econbiz.de/10014345205