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Persistent link: https://www.econbiz.de/10013539447
In this paper the author empirically examines whether the influence of bilateral investment treaties' political risk guarantees extends to other types of capital flows - FDI, private debt, public debt and portfolio equity. The paper uses panel data on middle and low income countries during the...
Persistent link: https://www.econbiz.de/10011317969
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
economies of the world contemplating unilateral action to restrict their carbon emissions (while continuing to pursue co … counterbalanced by increased emissions elsewhere in the world — has also arisen. Various adjustments have been proposed, both in the …
Persistent link: https://www.econbiz.de/10010230663
Problems which can only be resolved through international cooperation are increasing. Due to this increase, states cooperate more than ever with each other and with international organizations (IOs) but often insufficiently to solve the problems. When social scientists analyze the potential for...
Persistent link: https://www.econbiz.de/10010375146
The UN Declaration of 24 September 2012 reaffirming the commitment of Heads of State and Government to the Rule of Law reflects the current uneasiness accompanying the application of just the concept. This short paper argues that it is due to discrepancies in its worldwide understanding and to...
Persistent link: https://www.econbiz.de/10010375485
Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless,...
Persistent link: https://www.econbiz.de/10010375487
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved. This statistical survey of a large sample of 1,660 bilateral investment...
Persistent link: https://www.econbiz.de/10009685837
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...
Persistent link: https://www.econbiz.de/10010463415
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...
Persistent link: https://www.econbiz.de/10010463416