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Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result of injury to “their” company, typically a loss in...
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Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
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Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
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, and facilitating FDI; (iii) regulating subsidised state-owned enterprises, competition in subsidies for investment, and …
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Investment treaty policy increasingly interacts with business responsibilities. This scoping paper first surveys the converging approaches to responsible business conduct (RBC) and business and human rights (BHR) as reflected in the OECD Guidelines for Multinational Enterprises, the United...
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Considerations Surrounding Chinese FDI in the United States', Asia Pacific Journal of Management, 26 (1), March, 163-83 -- 28. Yadong … Luo, Qiuzhi Xue and Binjie Han (2010), 'How Emerging Market Governments Promote Outward FDI: Experience from China … Government Involvement in Outward FDI from Emerging Economies', Journal of International Business Studies, 43 (7), September, 655 …
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