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The economics of investor protection : ISDS versus national treatment : presented at CESifo Area Conference on Global Economy, May 2015
Kohler, Wilhelm; Stähler, Frank - 2016 - Version of February 16, 2016
This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...
Persistent link: https://www.econbiz.de/10011431559
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Temporal validity of international investment agreements : a large sample survey of treaty provisions
Pohl, Joachim - 2013
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
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Lessons from investment policy reform in Korea
Nicolas, Françoise; Thomsen, Stephen E.; Bang, Mi-hyun - 2013
direct investment (FDI), an essential question for policy-makers is no longer just what to reform but also how to reform. How … FDI Regulatory Restrictiveness Index, Korea was the biggest reformer of its policies towards FDI between 1997 and 2010 … FDI regime in Korea and to examine how and why it came about. What were the main obstacles and what were the main drivers …
Persistent link: https://www.econbiz.de/10010230661
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Dispute settlement provisions in international investment agreements : a large summary survey
Pohl, Joachim; Mashigo, Kekeletso; Nohen, Alexis - 2012
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
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Bilateral investment treaties do work : until they don't
Aisbett, Emma; Busse, Matthias; Nunnenkamp, Peter - 2016
claims by investors on FDI flows to the responding host country. We study this question using a comprehensive dataset of FDI … compensation claims against a host on inward FDI flows from BIT-partner and non-partner countries. Focusing on these differences … control for unobserved changes in the host-country investment climate. We find that BITs stimulate bilateral FDI flows from …
Persistent link: https://www.econbiz.de/10011413955
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
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
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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
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Environmental Concerns in International Investment Agreements : A Survey
Gordon, Kathryn - 2011
International investment agreements define State commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy...
Persistent link: https://www.econbiz.de/10013124345
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Dispute Settlement Provisions in International Investment Agreements : A Large Sample Survey
Pohl, Joachim - 2012
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/10013096744
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Investment Treaties and the Globalisation of State Capitalism : Opportunities and Constraints for Host States
Skovgaard Poulsen, Lauge N. - 2012
The growing stock of foreign investments by sovereign wealth funds and state-owned enterprises poses regulatory challenges to the international investment regime. With arbitrators seemingly keen on expanding the jurisdictional scope of investment treaty arbitration to cover a wide range of...
Persistent link: https://www.econbiz.de/10013106999