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This article intends to help understand the debate about TTIP by focusing on the specific issue of how TTIP may regulate investment protection of foreign-owned property. It gives an overview of the international law of expropriations of and other interferences with foreign-owned property for...
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The object of this article is to examine different options in investment treaty making for addressing and preventing potential conflicts of norms that involve investment and cultural heritage rights. For this purpose, it will be taken into account the rationale of intergenerational justice and...
Persistent link: https://www.econbiz.de/10013001964
The Additional Protocol to the Framework Agreement of the Pacific Alliance (PA Additional Protocol) sets forth an additional layer for the protection of foreign investment to the preexisting International Investment Agreements (IIAs) between the PA Member States, posing a number of systemic...
Persistent link: https://www.econbiz.de/10013002071
, there are signs that countries are reevaluating their approach toward such investment. As a result, FDI protectionism is on … needs to be taken that the rise of FDI protectionism does not endanger a rules-based approach to FDI. An independent FDI … Protectionism Observatory to monitor new protectionist measures and name and shame countries that take them is therefore needed …
Persistent link: https://www.econbiz.de/10013009125
Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...
Persistent link: https://www.econbiz.de/10012850942
This paper explores whether in an investor-state arbitration the state sovereignty poses a challenge to the arbitral tribunal in ordering interim measures in aid of arbitration. It also examines whether the arbitral tribunal can order interim measures that are binding on the state party and...
Persistent link: https://www.econbiz.de/10013050191
An investment chapter in TTIP offers an unprecedented opportunity to reform and improve the system of investment law. If the EU and the US seize this opportunity, it would set an important precedent in treaty-drafting, allowing for the incorporation of public policy objectives, thereby...
Persistent link: https://www.econbiz.de/10013022108