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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
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
There is vigorous debate about reforms to address the balance between investor protection and the right to regulate in the over 3000 existing investment treaties. This paper first notes the growing trend to analyse particular treaty rules rather than treaties as a whole and the importance of...
Persistent link: https://www.econbiz.de/10011695559
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...
Persistent link: https://www.econbiz.de/10011695562
This paper reviews alleged societal benefits and costs of International Investment Agreements (IIAs) as suggested by academia, governments, business and civil society. It sets out the wide range of issues that diverse actors have proposed in the context of assessing the societal benefits and...
Persistent link: https://www.econbiz.de/10011821959
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10012454249
Socially Responsible Investment - in particular Environmental Social Governance issues (ESG) including human rights - is becoming a crucial issue. Although not a new concept, the integration of ESG and human rights factors into investment decisions remains a challenge. Given recent corporate...
Persistent link: https://www.econbiz.de/10009790431
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
around the world. But while a significant number of major recent treaties contain such express provisions, most investment …
Persistent link: https://www.econbiz.de/10011582193
represented 83% of the world's population and 91% of the world's GDP in 2013. We address five questions: Do some countries have …, how liberalized is world trade? Our analysis documents the extent of cross-sectional heterogeneity in applied commercial … policy barriers remain as an important feature of the world economy. …
Persistent link: https://www.econbiz.de/10014023444